Guddu Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10370 of 2014 Arising Out of PS.Case No. -380 Year- 2012 Thana -BIHTA District- PATNA ======================================================

1. Guddu Choudhary S/O Surendra Chudhary Resident Of VillageLachhman Tola, Gobindpur, P.S- Phulwari, Distt- Patna At Present Silwer Gopalpur, P.S- Naubatpur, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Manju Devi W/O Guddu Choudhary And Daughter Of Shiv Jatan Choudhary Resident Of Painathi, P.S- Bihta, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-03-2015 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 under Sections 498A/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 though no such statement has been made in the petition. Notices were issued to the informant O.P. No. 2 but none is appearing on her behalf.

Patna High Court Cr.Misc. No.10370 of 2014 (3) dt.24-03-2015 2/2 Considering the present stand of the petitioner, 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 ACJM, Danapur, Patna in connection with Bihta P.S. Case No. 380 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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 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) Anil/- U T