Dilip Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1576 of 2016 Arising Out of PS.Case No. -1528 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================
1. Dilip Thakur Son of Biltu thakur Resident of Village -Khuhri, P.s Rahika District Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kiran Kumari wife of Dilip thakur village- Khuhri,P.s Rahika , District Madhubani, daughter of Shiv Shankar Thakur Permanent resident of Village- Rampatt,P.s Rajnagar, District madhubani. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case filed with accusation under Sections 323, 341, 498A, 420, 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, wherein processes were directed to be issued after cognizance being taken.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant with full dignity and honour or settle the matter otherwise. A statement to that effect has been made in para 15 of the petition which reads as follows:-
Patna High Court Cr.Misc. No.1576 of 2016 (3) dt.05-04-2016 P2/3 "That the petitioner is still ready to keep his wife or settle the matter to the satisfaction of the complainant:
Learned Sessions Judge has disposed of the anticipatory bail application of the petitioner on the ground that only summons have been issued. A supplementary affidavit has been filed to the effect that now non-bailable warrant of arrest has also been issued. A statement to that effect has been made in para 2 of the supplementary affidavit which reads as follows:- "That on 15.03.2015 learned Court below issued a non bailable order against the petitioner"
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Madhubani in connection with Complaint Case NO. 1528 of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the
Patna High Court Cr.Misc. No.1576 of 2016 (3) dt.05-04-2016 P3/3 petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T