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Patna High CourtCR. MISC./26851/2015disposed

Sintu Mahto v. The State Of Bihar

2015-07-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26851 of 2015 Arising Out of PS.Case No. -164 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Sintu Mahto, S/o Rajendra Mahton, Resident of Village- Sanha Naya Tola, P.S. - S.Kamal, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant apprehending arrest in a case registered under section 341, 323, 498(A)/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

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

On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the said effect has been made in paragraph no.12 of the petition. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory

Patna High Court Cr.Misc. No.26851 of 2015 (2) dt.21-07-2015 2/2 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 Judicial Magistrate, 1st Class, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 164/15, subject to the conditions as laid down under section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant. 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 within one year by the learned court below in three eventualities(i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue ; and (iii) or if the informant fails to appear before the learned court.

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