Satyendra Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3941 of 2016 Arising Out of PS.Case No. -236 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Satyendra Rai Son of Prabhu Rai Resident of village - Piraukhar, P.S. Madhwapur, District - Madhuani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Priyanka Devi Wife of Satyendra Rai and daughter of Bundi Rai @ Munni Lal Rai resident of village - Narayanpur, P.S. Pupri, District - Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A, 379 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

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

The petitioner and complainant are present.

Patna High Court Cr.Misc. No.3941 of 2016 (3) dt.19-05-2016 It is submitted by learned counsel for the petitioner that petitioner admits the marriage with the complainant, but the complainant earlier lodged Bathnaha P.S. Case No. 117 of 2015 with accusation under Sections 376, 307 of the Indian Penal Code against one Ajay Kumar, where it is alleged that on assurance of marriage Ajay Kumar established physical relationship with complainant and thereafter the present case has been lodged.

In the circumstances, the question of reconciliation does not appear to be feasible at present.

However, counsel for the complainant submits that the complainant is willing to part ways, if the belongings of the complainant are returned to her.

In the circumstances, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Complaint Case No. C-I/236 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let, the learned court below get the issue mediated between the parties and on the issue being

Patna High Court Cr.Misc. No.3941 of 2016 (3) dt.19-05-2016 resolved through mediation, the provisional bail of the petitioner will be confirmed by the learned court below. (Dinesh Kumar Singh, J) P.K./- U T