Sunil Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43789 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Sunil Sharma Son of Sri Bihari Sharma .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anjusha Devi daughter of Shri Bhagwan Sharma, and Husband of Sunil Sharma, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 406, 379, 504/506/34 of the Indian Penal Code and 3/4 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 informant and birth of a child. The petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.43789 of 2016 (2) dt.06-10-2016 2/3 "That petitioner is husband of the informant and ready to keep his wife informant with all due respect and dignity......"

It is further submitted that similar was the stand of the petitioner before the learned Court below which gets reflected from the impugned order.

Considering the present stand of the petitioner, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No.196/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant 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 informant fails to

Patna High Court Cr.Misc. No.43789 of 2016 (2) dt.06-10-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T