Munna Kotwar @ Kotwal @ Munna Kotwal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12982 of 2016 Arising Out of PS.Case No. -1833 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Munna Kotwar @ Kotwal @ Munna Kotwal, son of Shibu Kotwar, resident of Village-Devandha, P.S.-Porraiya Hat, District-Godda, Jharkhand .... .... Petitioner/s

Versus

1. The State of Bihar

2. Priyanka Devi, wife of Munna Kotwar & Daughter of Puran Yadav, resident of Village-Devandha, P.S. -Porraiyahat, District-Godda, at present residing at Village-Lilgharri, P.S.-Panjwara, District-Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 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 complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That petitioner is always ready/wants to live with the complainant with full

Patna High Court Cr.Misc. No.12982 of 2016 (2) dt.18-03-2016 2/2 love, dignity and honour."

Considering the aforesaid 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 one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka in connection with Complaint Case No. 1833 of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant 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 one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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