Patna High CourtCR. MISC./19250/2016disposed

Sudhir Yadav v. State Of Bihar And ANR

2016-05-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19250 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Sudhir Yadav S/o Gayanand Yadav Resident of Village - Kanhaili, P.S. Narpatganj, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanju Devi W/o Sudhir Yadav, D/o Late Bhajendra Prasad Yadav Village - Mathura South, Ward No. 11, P.S. - Narpatganj, District - Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Singh 5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and the State. The petitioner being husband of the petitioner is apprehending arrest in a case registered under section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demands.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and has filed Matrimonial Case No. 07 of 2016 for restitution of conjugal rights and is ready to keep the informant as wife with full dignity and honour.

Let the learned court below issue notice to the

Patna High Court Cr.Misc. No.19250 of 2016 (2) dt.02-05-2016 2/2 informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the petitioner, let the 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 bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.38 of 2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The provisional anticipatory bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:(i) on substantial restoration of the matrimonial harmony; or(ii) if the informant gets reluctant to reconcile the issue; or(iii) if the informant fails to appear before the learned court below.

(Dinesh Kumar Singh, J) B.K.Roy/- U