← Library
Patna High CourtCR. MISC./38553/2014disposed

Lalit Das v. The State Of Bihar

2015-08-03Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38553 of 2014 Arising Out of PS.Case No. -482 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Lalit Das, Son of Bindeshwar Das, Resident of village - Mahishar, Police Station - Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Kishore Das, D/o Late Raudi Das, Resident of village - Bhawadepur, P.S. Riga, District - Sitamarhi.

3. Chanda Devi, W/o Lalit Das and daughter of Ram Kishore Das, presently residing at village - Bhawadepur, P.S. Riga, District - Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 03-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the daughter of the informant for the offences punishable under Section 341, 323, 504/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of demand of dowry.

It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the daughter of the informant as wife with full dignity and honour. Though, statement to that effect has not been made in the petition.

Patna High Court Cr.Misc. No.38553 of 2014 (05) dt.03-08-2015 2/3 On issuance of notice the opposite party no. 2 has already appeared but in view of the order dated 10.07.2015 whereby it was directed that no further adjournment will be granted on the next date unless, in the interest of justice, such adjournment becomes indispensable. The matter will dispose of in view of the fact that the petitioner is ready to keep the daughter of the informant as wife with full dignity and honour. 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 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, Sitamarhi in connection with Runnisaidpur P.S. Case No. 482 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the daughter of the informant on her appearance the petitioner will take the daughter of the informant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed within one year by the learned court below in three

Patna High Court Cr.Misc. No.38553 of 2014 (05) dt.03-08-2015 3/3 eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the daughter of the informant gets reluctant to reconcile the issue; and (iii) or if the daughter of the informant fails to appear before the learned court.

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