Shree Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.23711 of 2016 (2) dt.30-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23711 of 2016 Arising Out of PS.Case No. -453 Year- 2013 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Shree Yadav S/o Bhushan yadav, D/o late Govind Yadav Resident of Village- Sorkhonda, Police Station Halsi, District Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shila Devi W/o Shree Yadav, D/o Late Govind Yadav Resident of Village- Sorkhondo, POlice Station - Halsi, District Lakhisarai at Present resident of Village- Masaura, PS Ariyari (O.P Kasar) District Sheikhpura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 323,380,504,498A/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. Accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in Para 11 of the petition which reads as follows:- "16. That, the petitioner is ready to keep her (complainant) as legal weeded wife with full dignity and honour."

Patna High Court Cr.Misc. No.23711 of 2016 (2) dt.30-05-2016 It appears from the impugned order that earlier the petitioner was failed to file requisition for notice to the victim. Considering the aforesaid 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 Sub Divisional Judicial Magistrate, Sheikhpura in connection with Complaint Case No. 453C of 2013 subject to the conditions as laid down under Section 438(2) of the Cr.P.C 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 to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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