Mithun Manjhi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23314 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ====================================================== Mithun Manjhi son of Late Buni Lal Manjhi Resident of Village - Khoripakar, Police Station - Jamo, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lalita Devi wife of Mithun Manjhi, D/o Chandrika Manjhi At present resident of Village - Jagdishpur, Police Station - Maharajganj, District - Siwan.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 323 and 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is ready to keep his wife informant with full honour and dignity."

Patna High Court Cr.Misc. No.23314 of 2015 (2) dt.25-06-2015 2/2 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 185 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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