Sudhir Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37574 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ====================================================== Sudhir Ram .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A and 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant. The petitioner has not performed second marriage and is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para 2 and 4 of the supplementary affidavit which reads as follows:- "2. That the petitioner categorically states that he has been more than willing to keep the Opposite party No. 2 (Swati Devi) as his wife with due

Patna High Court Cr.Misc. No.37574 of 2015 (2) dt.28-08-2015 2/2 respect and dignity.

4. That it is humbly submits that the petitioner's father categorically states that he has not married with any another girl and it is stated that the statement of O.P. No.2 is completely incorrect" 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhagalpur in connection with Bhagalpur Mahila P.S. Case No. 94 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 informant for her appearance. 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 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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