Jitendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1820 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Jitendra Singh Son of Doma Singh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Geetanjali Devi Wife of Jitendra Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rameshwar Singh, Advocate For the Opposite Party/s : Mr. J. N. Thakur, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2016 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demand.

The petitioner and the informant are present. 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 para 9 of

Patna High Court Cr.Misc. No.1820 of 2016 (5) dt.15-09-2016 2/3 the petition which reads as follows:- "That the petitioner is poor labourer and he is always ready to keep his wife with all dignity but she never like to live with her husband."

It is further submitted that similar was the stand of the petitioner before the learned Court below, but the informant refused to accept the offer of the petitioner. Learned counsel for the informant submits that now the informant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 28th September, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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, Sasaram, Rohtas, in connection with Sheosagar P.S. Case No.235/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed

Patna High Court Cr.Misc. No.1820 of 2016 (5) dt.15-09-2016 3/3 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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