Vikram Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46937 of 2014 Arising Out of PS.Case No. -2659 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Vikram Kumar S/o Sita Ram Thakur R/o Village Mohammadpur Deopar, P.S. Pusha, District Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amrita Kumari D/o Ram Lakhan Thakur and W/o Vikram Kumar A/p resident of Village Motnaje, P.S. Gayghat, District Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband is apprehending arrest in a complaint case filed with accusation under Sections 323 and 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with

Patna High Court Cr.Misc. No.46937 of 2014 (2) dt.03-04-2015 2/3 full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition, the relevant portion of which reads as follows:

".....yet he is ready to keep his wife with honour and dignity."

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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM East, Muzaffarpur in connection with Complaint Case No. 2659 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is

Patna High Court Cr.Misc. No.46937 of 2014 (2) dt.03-04-2015 3/3 substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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