Sanjay Das v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29318 of 2016 Arising Out of PS.Case No. -894 Year- 2011 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Sanjay Das son of Sri Mundrika Das resident of Village Dhanchhui P.S. Konch, District- Gaya.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Anita Devi wife of Sanjay Das and Daughter of Suresh Das at present reside at Village Turktelpa P.s. Karpi, District Arwal. .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 Heard learned counsels for the petitioner and the State.
Petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code. The accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant with full dignity and honour. A
Patna High Court Cr.Misc. No.29318 of 2016 (2) dt.21-07-2016 2/3 statement to this effect has been made in Para-7 of the petition, which reads as follows:- "That the petitioner is ready to keep the complainant with full honour and dignity."
It is further submitted that non-bailable warrant has been issued against the petitioner by the Court below. A statement to that effect has been made in Para-9 of the petition, which reads as follows:
"That all the in-laws have been made accused in this case but the cognizance has been taken U/S 498A I.P.C, only against the petitioner by the order dated 24.04.2012 and order to issue summons against him and later on N.B.W has been issued against him."
Considering the present stand of the petitioner and the complaint was filed in the year 2011, let the above named petitioner be released on provisional anticipatory bail for three 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 Judicial Magistrate 1st Class, Arwal in connection with Trial No. 108 of 2016 arising out of Complaint Case No. 894 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.29318 of 2016 (2) dt.21-07-2016 3/3 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 (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Mishra/- U T