Ashok Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35866 of 2016 Arising Out of PS.Case No. -3543 Year- 2015 Thana -VAISHALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Ashok Kumar Son of Basdeo Singh resident of village - Harivanshpur, P.O. Valitpur, P.S. Bhagwanpur, District - Vaishali .... .... Petitioner
Versus
1. The State of Bihar
2. Nilu Kumari Wife of Ashok Kumar, daughter of Upendra Singh resident of village - Sisoni Prabodhi, P.O. Manibhakurhar, P.S. Sarai, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the parties.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant with full dignity and honour. Statement to that effect has been made in paragraph 9 of the
Patna High Court Cr.Misc. No.35866 of 2016 (2) dt.22-08-2016 petition, which reads as follows:
"That petitioner has ready to obey all order of his wife and as his wife say that like he has ready to live with his wife. Petitioner is also ready without consent of her wife he will not talk with his old father and mother and not take care them."
Learned counsel for the informant submits that the informant is also ready to accept the offer.
Both the sides admit to appear before the learned court below on 19th September, 2016 when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.
Considering the present stand of the petitioner, let the abovenamed petitioner be released on provisional anticipatory bail for six months, in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Hajipur, Vaishali in Complaint Case No. 3543(C)/2015, corresponding to Tr.No. 6723/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities: (i) if the matrimonial harmony is substantially restored, (ii) if the informant
Patna High Court Cr.Misc. No.35866 of 2016 (2) dt.22-08-2016 fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Surendra/- U