Vinod Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55605 of 2015 Arising Out of PS.Case No. -150 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Vinod Singh, son of Baban Singh, Resident of Village- Suari, P.S.- Agiaon (Garhani), District- Bhojpur at Ara .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kabita Devi, D/o Suresh Yadav, Resident of Village- Kalyanpur, P.O.- Parshurampur, P.S.- Krishna Gadha (Barhara), District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. N.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered under Sections 341,323,498A and 379/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

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

The petitioner admits his marriage with the informant. On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full

Patna High Court Cr.Misc. No.55605 of 2015 (2) dt.08-12-2015 2/3 dignity and honour. Statement to the aforesaid effect has been made in paragraph 8 of the petition which reads as follows:

"That the petitioner is ready to keep the informant as wife with full dignity and honour." Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both petitioner and the informant agree to appear before the learned court below on 15.1.2016 when the petitioner will take the informant to keep her as wife with full dignity and honour.

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 150 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be

Patna High Court Cr.Misc. No.55605 of 2015 (2) dt.08-12-2015 3/3 confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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