Barun Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31709 of 2014 Arising Out of PS.Case No. -391 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Barun Kumar S/o Sri Chandeshwar Singh Resident of village and PostMajhaur, P.S.- Nanpur, District- Sitamarhi, at present Resident of MohallaSanchpatti, Nagar Parishad Ward No.-8, P.S.- Town, Hajipur, DistrictVaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Munni Kumari W/o Sri Barun Kumar Singh Resident of village and postMajhaur, P.S.- Nanpur, District- Sitamarhi, D/o Nagendra Singh, at Present Resident of village- Anharman, P.S.- Sitamarhi, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s : Mr. Md.Arif (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Accusation is of torture for non-fulfillment of dowry demand.

On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Learned counsel for the complainant submits that

Patna High Court Cr.Misc. No.31709 of 2014 (2) dt.03-02-2015 the complainant is ready to accept the offer of the petitioner. Both the petitioner and complainant shall appear before the learned court below on 23rd of February, 2015 when the petitioner will take the complainant 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 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, Pupri, Sitamarhi in connection with Complaint Case No. C-1/391 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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 complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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