Kapil Sah @ Kapil Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52475 of 2015 Arising Out of PS.Case No. -774 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ====================================================== Kapil Sah @ Kapil Kumar Sah, son of Shiv Shankar Sah, resident of Village-Kageshwar, P.S.-Khaira, District-Jamui, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Babita Devi, wife of Kapil Sah, daughter of Sunil Sah, resident of Village-Kageshwar P.S.-Khaira, District-Jamui, Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 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 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition. The relevant portion of which reads as follows:- "....................Petitioner is

Patna High Court Cr.Misc. No.52475 of 2015 (2) dt.09-11-2015 2/2 ready to keep her with full respect and dignity" Considering the present stand of the petitioner, 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, Jamui in connection with Complaint Case No. 774C of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.

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 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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