Sunil Kumar Ram@Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10217 of 2015 Arising Out of PS.Case No. -156 Year- 2014 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Sunil Kumar Ram @ Sunil Kumar Son of Subhag Ram, Resident of village- Hathauri, Tola Ramnagar, P.S. Hussainganj, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sarika Devi Wife of Sunil Kr. Ram, D/o Late Sheo Balak Ram, at present R/o Village- Chhoti Usari, P.S.- M.H. Nagar, District- Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-04-2015 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 under Sections 341,323,406,498A and 506 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.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in

Patna High Court Cr.Misc. No.10217 of 2015 (2) dt.22-04-2015 2/3 paragraph no. 9 of the petition which reads as follows: "That the petitioner and his family is still ready to keep the O.P. no.2 with love, affection and her full dignity if she is ready to live with petitioner and his family with their capability."

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Siwan in connection with Siwan (Sadar) Mahila P.S. Case No. 156 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 and 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 the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii)

Patna High Court Cr.Misc. No.10217 of 2015 (2) dt.22-04-2015 3/3 if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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