Saroj Prasad @ Saroj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24773 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== SAROJ PRASAD @ SAROJ KUMAR, SON OF SRI BALA PRASAD.. .... .... Petitioner/s

Versus

1. THE STATE OF BIHAR.

2. SUNITA DEVI WIFE OF SAROJ PRASAD, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 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 punishable under Sections 498A, 379 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.

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in

Patna High Court Cr.Misc. No.24773 of 2016 (3) dt.21-06-2016 2/3 para 6 of the petition which reads as follows:- "That the petitioner is ready to keep the complainant as wife with full honour and dignity."

It is further submitted that the petitioner has also filed Matrimonial Suit No. 114/2015 for restitution of conjugal rights.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur, Ara, in connection with Ara (Town) P.S. Case No.31/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to

Patna High Court Cr.Misc. No.24773 of 2016 (3) dt.21-06-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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