Pintu @ Pintu Chaudhary @ Pintu Kumar Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46810 of 2014 Arising Out of PS.Case No. -1893 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Pintu @ Pintu Chaudhary @ Pintu Kumar Bhagat, son of Late Ramanand Chaudhary @ Ramanand Bhagat, resident of Village and Police Station-Manihari, District-Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rekha Devi wife of Pintu Chaudhary, daughter of Late Bageshwar Chaudhary, resident of village-Roshna, P.S.-Amdabad, DistrictKatihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Najmul Hoda For the Opposite Party : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-04-2015 Petitioner being husband of the informant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant 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 fully ready to keep and maintain the complainant with full

Patna High Court Cr.Misc. No.46810 of 2014 (2) dt.24-04-2015 2/2 dignity and honour"

Moreover the petitioner has also filed Matrimonial Case No. 567 of 2011 for restitution of conjugal life.

Considering the present 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 Sub-Divisional Judicial Magistrate, Katihar in connection with Complaint Case No. 1893 of 2012. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant 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 complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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