Saroj Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18738 of 2016 Arising Out of PS.Case No. -85 Year- 2015 Thana -BHEJA District- MADHUBANI ====================================================== Saroj Mukhiya, son of Ram Sevak Mukhiya, resident of VillageLahban(Bhagata), P.S.-Bheja, District-Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kanchan Devi, wife of Suraj Mukhiya, resident of VillageLahban(Bhagata), P.S.-Bheja, District-Madhubani, at present Kanchan Devi, daughter of Sitaram Mukhiya, resident of VillageBhagata, P.S.-Bheja, District-Madhubani .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 147, 323, 342, 379, 380, 504, 506, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand and snatching gold jewellary and ornaments.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner is ready

Patna High Court Cr.Misc. No.18738 of 2016 (2) dt.29-04-2016 2/2 to keep the informant/complainant(Opposite Party No. 2) with full 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 Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 85 of 2015, G.R. No. 1714 of 2015.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant 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 informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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