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Patna High CourtCR. MISC./10320/2015

Sanjeev Kumar @ Sanjay Yadav v. State Of Bihar And ANR

2015-03-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10320 of 2015 Arising Out of PS.Case No. -211 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Sanjeev Kumar @ Sanjay Yadav Son of Dasrath Yadav Resident of Village - Lakda Kole, P.S. Pirpainty, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Punam Devi W/o Sanjeev Kumar @ Sanjay Yadav Resident of Village - Lakda Kole, P.S. Pirpainty, District - Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences under Sections 341,323 and 498A of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 11 of the petition.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory

Patna High Court Cr.Misc. No.10320 of 2015 (2) dt.12-03-2015 2/2 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 CJM Bhagalpur in connection with Pirpainty P.S. Case No. 211 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant 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 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