Anil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27586 of 2014 Arising Out of PS.Case No. -112 Year- 2014 Thana -BIHIYA District- BHOJPUR ======================================================

1. Anil Thakur Son of Sri Triloki Thakur R/o Village Gaura, P.S. Bihiya (Bahonranpur O.P.) District Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sangeeta Devi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offence under sections 498A/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

Initially, the matter was referred to mediation but the report of the mediator suggests that the mediation has failed. Though it is not mentioned in the petition but it is submitted on

Patna High Court Cr.Misc. No.27586 of 2014 (4) dt.10-02-2015 2/3 instructions, that the petitioner is ready to keep the informant as wife with full dignity and honour.

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both petitioner and the complainant agree to appear before the learned court below on 2.3.2015 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara in connection with Bihiyan (Bahoranpur OP) P.S. Case No. 112 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if

Patna High Court Cr.Misc. No.27586 of 2014 (4) dt.10-02-2015 3/3 the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T