Bimlesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3059 of 2015 Arising Out of PS.Case No. -143 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Bimlesh Paswan S/o Shankar Dayal Ram Resident of village AND P.O. Pahadpur, P.S. Agiaon ( Garahani ), District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shashi Kala Devi D/o Gorakh Nath Paswan Resident of village - Lakshumpur, P.S. Ara Muffasil, District - Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Narayan Rai For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323,379,498A and 504/34 of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in

Patna High Court Cr.Misc. No.3059 of 2015 (2) dt.23-01-2015 2/3 paragraph 12 of the petition.

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner but it is submitted that the informant is apprehensive due to past conduct of the petitioner.

Both the sides agree to appear before the learned court below on 16.2.2015 when the petitioner will take the inforant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bhojpur, Ara in connection with Mahila P.S. Case No. 143 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional 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

Patna High Court Cr.Misc. No.3059 of 2015 (2) dt.23-01-2015 3/3 or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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