Patna High CourtCR. MISC./39810/2016disposed

Sanjay Mandal v. The State Of Bihar

2016-09-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39810 of 2016 Arising Out of PS.Case No. -200 Year- 2014 Thana -PALASI District- ARRARIA ======================================================

1. Sanjay Mandal, Son of Dhokai Mandal, Resident of Village- Khapara Tola Dargah, P.S. Palasi, District- Araria .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Sharma, Adv. For the Opposite Party : Mr. Madan Kumar, APP 223 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-09-2016 The petitioner, being the husband of the informant apprehending arrest in a case registered under Sections 498A and 34 of the Indian Penal Code.

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

The learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 13 of the petition, which reads as follows :

"That the petitioner is ready to keep the complainant with full dignity and honour."

Considering the present stand of the petitioner, above named, he 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 six weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Palasi P.S. Case No. 200 of 2014 to the satisfaction of the Subdivisional Judicial Magistrate,

Patna High Court Cr.Misc. No.39810 of 2016 (2) dt.19-09-2016 Araria, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

Let the learned Court below issue notice to the informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned Court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) SA/- U √ T √