Anil Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32514 of 2015 Arising Out of PS.Case No. -239 Year- 2014 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Anil Das Son of Nachatar Das, R/o Village- Bhadrar, P.S.- Banka, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Devi W/o Anila Das D/o Panchu Ravidas, Resident of villageBhatkundi, P.S.- Banka, District- Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Singh For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 494,498A and 323 of the Indian Penal Code and section 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands and performance of second marriage. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and has not performed second marriage. Statement to that effect has been made in paragraph 16 of the petition which reads as follows:

Patna High Court Cr.Misc. No.32514 of 2015 (2) dt.10-08-2015 2/3 "That, the petitioner again reiterates at the cost of repetition that the petitioner has not solemnized any marriage with Parvati Devi which was wholly false and purposefully alleged by the complainant."

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows: "That, the petitioner is ready to live with the complainant as a wife and husband whereas the complainant does not respect the sanctity of marriage"

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Banka in connection with Complaint Case No. 239 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 complainant and on her appearance the petitioner will take the

Patna High Court Cr.Misc. No.32514 of 2015 (2) dt.10-08-2015 3/3 complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue but the provisional bail will not be confirmed by the learned court below if substantial proof comes that the petitioner has performed second marriage and in that event the petitioner will surrender and pray for regular bail.

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