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Patna High CourtCR. MISC./11752/2016disposed

Juhi Kumar @ Pappu v. State Of Bihar And ANR

2016-03-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11752 of 2016 Arising Out of PS.Case No. -254 Year- 2015 Thana -RIGA District- SITAMARHI ======================================================

1. Juhi Kumar @ Pappu S/o Ram Pratap Bhagat, Resident of VillageHarpurva, P.S.- Bajpatti, Dist- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi W/o Juhi Kumar @ Pappu, Resident of village- Harpurva, P.S.- Bajpatti, Dist- Sitamarhi at present D/o Domi Singh, Village- Ram Nagara, P.S.- Riga, Dist- Sitamarhi.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A 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. It is submitted by learned counsel for the petitioner on instruction that 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 13 of the petition which reads as follows:- "That the petitioner is ready to keep his wife with full honour dignity but the complainant do not want to live with her husband"

Patna High Court Cr.Misc. No.11752 of 2016 (2) dt.10-03-2016 2/2 Considering the present stand of the 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 Additional Chief Judicial Magistrate, III, Sitamarhi in connection with Riga P.S. Case No. 254 of 2015. 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