Pratik Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40737 of 2016 Arising Out of PS.Case No. -432 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Pratik Tiwary son of Late Meghnath Tiwary Resident of MohallaJawhari Bazar, P.S. Hajipur Town District Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Komal Tiwary daughter of Arun Tiwary Resident of Village-Boariya, P.S.sarai, District Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504, 506, 379, 307, 427, 34 of the Indian Penal Code. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of a child. The petitioner is ready to keep the informant and the child with dignity. A statement to that effect has been made in para 14 of the petition which reads as follows:- "That the petitioner is a husband of the informant and he is always ready to

Patna High Court Cr.Misc. No.40737 of 2016 (2) dt.20-09-2016 2/3 keep his wife and child with all respect and dignity." It is further submitted that similar was the stand of the petitioner before learned Court below but in spite of direction of learned Court below to bring the wife from her matrimonial house the petitioner could not bring her as he was apprehensive due to the past conduct of the family members of the informant. However, the petitioner is ready to take the informant from the Court itself.

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 six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 432 of 2016.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house 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) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails

Patna High Court Cr.Misc. No.40737 of 2016 (2) dt.20-09-2016 3/3 to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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