Jay Prakash Rai @ Rasul Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8727 of 2015 Arising Out of PS.Case No. -2187 Year- 2012 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Jay Prakash Rai @ Rasul Rai .... .... Petitioner

Versus

1. The State of Bihar.

2. Sheela Devi.

.... .... Opposite Parties.

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

For the Petitioner : Mr. Kaushal Kishor, Advocate. For the State : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 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 instruction, it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour, a statement to that effect has been made in paragraph no. 9 of the petition which reads as follows:- "9. That the petitioner is ready to keep his wife with full honour and dignity."

Patna High Court Cr.Misc. No.8727 of 2015 (2) dt.04-03-2015 2 / 2 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. 2187 of 2012 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, 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 court below (iii) or she gets reluctant to reconcile the issue.

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