Sunil Kumar @ Kameshwar Sharma @ Kameshwar Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36033 of 2016 Arising Out of PS.Case No. -670 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== SUNIL KUMAR @ KAMESHWAR SHARMA @ KAMESHWAR KUMAR SHARMA son of Raj Kumar Sharma resident of VillageRamnagar Colony, Panchuchak, P.S.- Danapur, District-Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Khushbu Kumar D/o Late Chandrika Vishwakarma and Wife of Sunil Kumar @ Kameshwar Sharma resident of Village-Ramnagar Colony, Panchuchak, P.S.- Danapur, District-Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant with full dignity and honour. Statement to that effect has been made in paragraph 9 of the

Patna High Court Cr.Misc. No.36033 of 2016 (2) dt.22-08-2016 petition, which reads as follows:

"That the petitioner is always ready to keep the complainant as his wife with full dignity and honour."

Considering the present stand of the petitioner, let the abovenamed petitioner be released on provisional anticipatory bail for six months, in the event of his arrest 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 the S.D.J.M., Danapur, Patna in Complaint Case No. 670(C)/2015, 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 confirmed by the 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) Surendra/- U

Patna High Court Cr.Misc. No.36033 of 2016 (2) dt.22-08-2016