Anupam Abhishek @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13621 of 2016 Arising Out of PS.Case No. -201 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Anupam Abhishek @ Sonu, Son of Shri Amitabh Singh, Resident of Dharahara (Ara) P.S. Ara Town, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Kumari D/o Sri Janardan Singh R/o village - Baigahi, P.O. Chhota Sasaram, P.S. - Udwant Nagar, District - Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Km. Shashi Bala Verma For the Opposite Party/s : Mr. Md. Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-08-2016 Heard learned counsels 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 341, 323, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. The petitioner and the informant are present in the Court.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full

Patna High Court Cr.Misc. No.13621 of 2016 (3) dt.08-08-2016 2/3 dignity and honour, though, statement to that effect has not been made in the petition.

Counsel for the informant submits that the petitioner has filed Matrimonial Suit No. 457 of 2015 with a prayer for divorce.

Counsel for the petitioner submits that the petitioner is ready to withdraw the matrimonial suit. Both sides agree to appear before the learned court below on 18th of August, 2016 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 six months 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, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 201 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the

Patna High Court Cr.Misc. No.13621 of 2016 (3) dt.08-08-2016 3/3 informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court. (Dinesh Kumar Singh, J) DKS/- U T