Satish Pathak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31780 of 2015 Arising Out of PS.Case No. -1394 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Satish Pathak, son of Akhilesh Pathak, resident of Village-Lodhas, P.S.- Itarhi, District-Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Sunita Devi, daughter of Vijay Shankar Pandey, resident of Village-Panditpur, P.O.-Nadaun, P.S.-Buxar Muffasil, DistrictBuxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-08-2015 Petitioner being husband of the complainant 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. It is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife at his village home though he is employed at Pune. It is submitted by learned counsel for the complainant that complainant is ready to reconcile the issue provided, if the petitioner keeps the complainant at his place of employment.

Learned counsel for the petitioner undertakes

Patna High Court Cr.Misc. No.31780 of 2015 (2) dt.06-08-2015 2/2 that petitioner will keep the complainant at his place of employment with him though statement to that effect has not been made in the petition. The offer is acceptable to the counsel appearing on behalf of the complainant.

Both sides agree to appear before learned Court below on 25th of August, 2015 when the petitioner will take the complainant with full dignity and honour. The marriage between the petitioner and complainant having no issue is admitted fact. Considering the present 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 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, Buxar in connection with Complaint Case No. 1394(C) of 2014. 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