Shilendra Kumar Karan @ Shailendra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39453 of 2015 Arising Out of PS.Case No. -1373 Year- 2013 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================

1. Shailendra Kumar Karan @ Shailendra Son of Late Digambar Lal Das Resident of Mohalla - Patna Slam - 20, Kankarbagh Colony, Patna, P.S. - Kankarbagh, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sadhna Kumari Wife of Shailendra Kumar, Daughter of Diwakar Prasad Das Resident of Village - Murliganj, Ward No. - 6, P.S. - Murliganj, District - Madhepura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 The 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 Section 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. The petitioner and the complainant/O.P. No.

2 are present in Court.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.39453 of 2015 (3) dt.05-01-2016 2/3 petitioner that petitioner admits his marriage with the complainant and birth of a male child and he is ready to keep the complainant and child with full dignity and honour. Though statement to that effect has not been made in the petition.

It is submitted by learned counsel for the complainant that complainant is ready to accept the offer of the petitioner.

Both sides agree to appear before learned Court below on 22nd of February, 2016, when the petitioner will take the complainant and child 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 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, Madhepura in connection with Complaint Case No. 1373 of 2013.

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

Patna High Court Cr.Misc. No.39453 of 2015 (3) dt.05-01-2016 3/3 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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