Krishna Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27098 of 2016 Arising Out of PS.Case No. -394 Year- 2013 Thana -SONEPUR District- SARAN ====================================================== Krishna Kumar Pandey, Son of Hari Kishore Pandey, resident of Village - Damodarpur, P.S.-Sonepur, District-Saran.

.... .... Petitioner

Versus

1. State of Bihar.

2. Ranjani Kumari @ Rajani Kumari, Daughter of Rabindra Singh, resident of Deo Bahuara, P.S.-Madhaura, District-Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Heard learned counsels for the petitioner and the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of dowry demand. It is also alleged that other accused persons assaulted with fists and slaps and tried to sprinkle kerosene oil over her body and bow down on earth catching the logs of hairs. It is submitted by learned counsel for the petitioner that there is no injury caused to the informant. The petitioner

Patna High Court Cr.Misc. No.27098 of 2016 (2) dt.30-06-2016 2/3 admits his marriage with the informant and is still ready to keep the informant with full dignity and honour. A statement to this effect has been made in Para-9 of the petition, which reads as follows:- "That the petitioner undertakes that he is always ready to keep the informant with all respects and dignity if she wants to live with him."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event 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 Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Sonepur Police Station Case No. 394 of 2013 corresponding to T. R. No. 2068 of 2016, subject to the conditions as laid down under Section 438(2) of the 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

Patna High Court Cr.Misc. No.27098 of 2016 (2) dt.30-06-2016 3/3 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 (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Mishra/- U T