Uma Kant Singh @ Dr. Umeshanand @ Umeshanand v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3840 of 2015 Arising Out of PS.Case No. -1446 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Uma Kant Singh @ Dr. Umeshanand @ Umeshanand .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pathak Dhananjay Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Heard learned counsels for the petitioner, complainant and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph 14 of the petition which reads as follows: "That the petitioner is ready to keep the complainant

Patna High Court Cr.Misc. No.3840 of 2015 (2) dt.29-01-2015 2/3 as wife with full dignity and honour."

Learned counsel for the complainant, on instructions, submits that the complainant is ready to accept the offer of the petitioner. Both petitioner and the complainant agree to appear before the learned court below on 9.2.2015 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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Vaishali at Hajipur in connection with Complaint Case No. 1446 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile

Patna High Court Cr.Misc. No.3840 of 2015 (2) dt.29-01-2015 3/3 the issue.

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