Anant Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10618 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -MAHILA P.S. District- PATNA ======================================================

1. Anant Kumar S/o late Dharmdeo Lal Resident of Near Mahabir Petrol Pump Hajiganj , R.S Chowk, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shikha Kumari D/o Gopal Prasad. New Lalji tola P.s Gandhi Maidan District Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 379, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of dowry demand. The petitioner and the informant are present.

Patna High Court Cr.Misc. No.10618 of 2016 (9) dt.02-12-2016 It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of a child. It is further submitted that though the matter was referred to the Mediation and Conciliation Centre of the Bihar State Legal Services Authority vide order dated 28.07.2016. The report of the Mediator at Flag-A dated 22.09.2016 reflects that the issue could not be resolved through process of mediation. But, today a joint affidavit has been filed to the effect that both sides have resolved the issue and both are residing together.

Learned counsel for the informant does not controvert the contention of the learned counsel for the petitioner that both are residing together, let the above named petitioner be released on anticipatory bail 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 Chief Judicial Magistrate, Patna in connection with Mahila P.S. Case No. 42 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

It is submitted that complainant is ready to file a compromise petition before the learned court below. If such application is filed before the court below, it is expected

Patna High Court Cr.Misc. No.10618 of 2016 (9) dt.02-12-2016 from the court below to conclude the proceeding in accordance with law expeditiously.

(Dinesh Kumar Singh, J) P.K./- U T