Anil Kumar Pandey @ Guddu Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8720 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Anil Kumar Pandey @ Guddu Pandey, son of Dashrath Pandey, resident of Village-Shakila, P.S.-Karakat, District-Rohtas .... .... Petitioner/s
Versus
The State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner is ready and willing to continue his conjugal life peacefully and virtually it is the petitioner who has been deserted by the informant"
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.8720 of 2016 (2) dt.23-02-2016 2/2 informant on instructions that informant is ready to accept the offer of the petitioner.
Both sides agree to appear before learned Court below on 8th of March, 2016 when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.
Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 120 of 2015. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T