Nagendra Das @ Baliram Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12650 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -MAHILA PS District- GAYA ====================================================== Nagendra Das @ Baliram Das, son of Bhagu Das, resident of VillageKhajuri, P.S.-Konch, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shanti Devi, daughter of Sri Prabhu Das, wife of Sri Nagendra Das @ Baliram Das, at present residing at Mohallah-Tilha Rajendra Ashram, Chamar Toli, P.S.-Civil Line, District-Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 504, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and has filed Matrimonial Suit No. 296 of 2015 for the restitution of the conjugal rights. The petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the informant

Patna High Court Cr.Misc. No.12650 of 2016 (2) dt.16-03-2016 2/2 husband still loves his wife. He is ready to keep her with full dignity and honour."

It is further submitted that petitioner has not performed second marriage.

Considering the aforesaid stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Gaya in connection with Gaya Mahila P.S. Case No. 44 of 2015, G.R. No. 6076 of 2015.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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