Arun Kumar @ Arun Kr. Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39535 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Arun Kumar @ Arun Kr. Paswan Son of Late Bohan Paswan Resident of Village -Balbhadrapur, P.S- Darihat, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dharamdeo Paswan (Das) Son of late Tribhuwan Das

3. Pooja Kumari Wife of Arun Kumar @ Arun Kr. Paswan, daughter of Dharamdeo Paswan Both Resident of Village -Amiawar, P.S- Nasriganj District - Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 16-02-2017 Heard learned counsels for the petitioner, State and the opposite parties.

The petitioner being the husband of the daughter of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. The petitioner and the daughter of the informant are present in the Court.

Though, the order dated 09.09.2016 reflects that

Patna High Court Cr.Misc. No.39535 of 2016 (4) dt.16-02-2017 2/3 the marriage was disputed by the petitioner but today it is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the daughter of the informant and birth of a female child and is ready to keep the daughter of the informant with full dignity and honour, though, statement to that effect has not been made in the petition.

Counsel for the informant submits that the daughter of the informant is ready to accept the offer of the petitioner for resuming the conjugal life.

Both sides agree to appear before the learned court below on 28th of February, 2017 when the petitioner will take the daughter of the informant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the above named 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sub-divisional Judicial Magistrate, Dehri, Rohtas at Sasaram in connection with Darihat P.S. Case No. 33 of 2016, subject to the conditions as laid down under Section 438(2) of the

Patna High Court Cr.Misc. No.39535 of 2016 (4) dt.16-02-2017 3/3 Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the daughter of the informant gets reluctant to reconcile the issue; and (iii) or if the daughter of the informant fails to appear before the learned court.

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