Bhim Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42924 of 2015 Arising Out of PS.Case No. -356 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Bhim Yadav Son of Latru Yadav, Resident of Village - Pataw, P.S. - Jhajha, District -Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kavita Devi, W/o Bhim Yadav, Resident of Village - Pataw, P.S. - Jhajha, Jamui, at present residing at village - Gangti, Vishanpur, P.S. - Khaira, District -Jamui.

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2015 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 process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A 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 complainant and birth of two children and is ready to keep the complainant as wife with

Patna High Court Cr.Misc. No.42924 of 2015 (2) dt.09-09-2015 2/3 full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That be that as it may petitioner is still ready to keep his wife (complainant) with full honour and dignity."

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, Jamui in connection with Complaint Case No. 356C 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 for her appearance. On her appearance, the petitioner will take the complainant 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 complainant fails to appear before the learned court below or

Patna High Court Cr.Misc. No.42924 of 2015 (2) dt.09-09-2015 3/3 (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T