Manoj Kumar @ Manoj Kumar Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25057 of 2016 Arising Out of PS.Case No. -685 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Manoj Kumar @ Manoj Kumar Mandal Son of Narayan Mandal Resident of Mohalla- Naya Tola Naugachhia, Police Station- Naugachhia, DistrictBhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tinku Devi Daughter of Indradev Prasad Singh Resident of villageTikapatti, Police Station- Tikapatti, District- Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

Patna High Court Cr.Misc. No.25057 of 2016 (2) dt.04-07-2016 It is submitted by learned counsel for the petitioner that petitioner admits the marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 2 of the supplementary affidavit which reads as follows:- "That the petitioner is ready to keep the complainant as his wife with honour and dignity."

It is further submitted that the similar was the stand of the petitioner before the learned court below.

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 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 Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 685 of 2014, 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 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 within one year by the learned

Patna High Court Cr.Misc. No.25057 of 2016 (2) dt.04-07-2016 court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T