Bijendra Mehta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.418 of 2016 Arising Out of PS.Case No. -4747 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Bijendra Mehta son of Nageshwar Mehta Resident of village - Damgada, Police Station - Dhamdaha, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sima Devi wife of Bijendra Mehta d/o Jogendra Mehta Resident of village - Rajghat, Police Station - Barhara Kothi (Raghubansh Nagar O.P.) District - Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Hussain, Adv For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending 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 Section 4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A

Patna High Court Cr.Misc. No.418 of 2016 (2) dt.05-01-2016 statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is ready to keep his wife with full dignity and respect.."

Considering the present stand of the petitioner, since the complaint was filed in the year 2012 let the above named petitioner be released on provisional anticipatory bail for six months in the event of 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 learned SDJM., Purnea in connection with Complaint Case No. 4747 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

The provisional bail of the petitioner will not be

Patna High Court Cr.Misc. No.418 of 2016 (2) dt.05-01-2016 confirmed by the learned Court below if substantial proof comes that the petitioner has performed second marriage. (Dinesh Kumar Singh, J) Ranjan/- U