Vijay Kumar Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33760 of 2014 Arising Out of PS.Case No. -9 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Vijay Kumar Sahni .... .... Petitioner.

Versus

1. The State of Bihar.

2. Phool Devi.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Sanjay Parasmani, Advocate. For the State : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498(A) of the Indian Penal Code.

The accusation is of torture for nonfulfillment of dowry demand. On instructions, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour and a statement to that effect has been made

Patna High Court Cr.Misc. No.33760 of 2014 (2) dt.18-02-2015 2 / 3 in paragraph no. 08 of the petition which reads as follows:- "8. That the petitioner is ready and willing to keep the complainant with full honour and dignity."

Considering the present stand of the petitioner, let the petitioner, above named, be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. C09 of 2013, Tr. No. 4085 of 2013, on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities i.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or the complainant fails to appear before the learned

Patna High Court Cr.Misc. No.33760 of 2014 (2) dt.18-02-2015 3 / 3 court below (iii) or she gets reluctant to reconcile the issue.

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