Rohit Kumar Ujjual @ Suman Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11458 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Rohit Kumar Ujjual @ Suman Kumar Gupta, son of Gauri Shankar Gupta, resident of Village-Pokhara Mohalla, P.S.-Hajipur, District-Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 494, 323, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand and performing second marriage. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and has not performed second marriage and the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:- "That the petitioner has not performed re-marriage and he is ready to keep the informant with full dignity and honour"

Considering the present stand of the

Patna High Court Cr.Misc. No.11458 of 2016 (2) dt.09-03-2016 2/2 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 01 of 2016.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. 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) Shageer/- U T