Rohit Kumar @ Rohit Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7686 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -MASAURHI District- PATNA ====================================================== Rohit Kumar @ Rohit Paswan, S/o Rajesh Paswan, resident of villageTaregnadih, Police Station- Masaurhi, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Umada Devi, W/o Rohit Pawan, resident of village- Taregnadih, Police Station- Masaurhi, District- Patna at present residing in her paternal home "Umada Devi, d/o Arbind Paswan, resident of village- Gopalpur, P.O.- Nadaul, P.S.- Masaurhi, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Gajendra Pd.Yadav(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a registered for the offences punishable under Sections 498A, 494, 495 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 and performing second marriage. On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour and petitioner has not performed second marriage. Statement to that effect has been made in para-7 of the petition.

Considering the present stand of the petitioner, let

Patna High Court Cr.Misc. No.7686 of 2015 (2) dt.26-02-2015 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, Masaurhi in connection with Masaurhi P.S. Case No. 93 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 informant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court.

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