Uma Shankar Chaudhary @ Guddu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31220 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -PARIHAR District- SITAMARHI ======================================================
1. Uma Shankar Chaudhary @ Guddu son of Bhola Sharan Chaudhary Resident of village - Bishunpur Madhuban, P.S. Kurhani, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Devi wife of Uma Shankar Chaudhary @ Guddu and daughter of Lal Babu Prasad presently residing at Parihar Bazar, P.S. Parihar, District - Sitamarhi.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the I.P.C and 3⁄4 of the Dowry Prohibition Act.
Accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife and her two daughters with full dignity and honour. A statement to that effect has been made in Para 16 of the petition which reads as follows:- "16. That, the petitioner is ready to keep the informant along with her two daughters with full dignity and sureties."
Patna High Court Cr.Misc. No.31220 of 2015 (2) dt.04-08-2015 2/2 Both sides agree to appear before learned Court below on 24.08.2015 when the petitioner will take the informant and her two daughters to her matrimonial house to keep her as wife with full dignity and honour.
Considering the aforesaid stand of the parties, 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 six months on furnishing bail bond 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 Parihar P.S. Case No. 27 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
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 informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Prakash/- U T