Dharmendra Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54292 of 2015 Arising Out of PS.Case No. -2 Year- 2014 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Sah S/o Bhikhari Sah Resident of Village- Kalwari majharia, p.s Adapur District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi W/o Dharmendra Sah, D/o Ramesh Kumar Sah Present Resident of Village- belwa, P.s Chauradano, Dist East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey, Adv. For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 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 punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.54292 of 2015 (2) dt.30-11-2015 2/2 "That the petitioner made his best attempt to stay with wife and still he is ready to keep her with love and dignity which was never ignored by the petitioner....."

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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul, Motihari in connection with Mahila (Motihari) P.S. Case No. 02 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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