Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13738 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Yogendra Paswan S/o Ambika Paswan, resident of Village- Banjhuliya, Police Station- Gidhour, District- Jamui. ... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a case registered for the offences punishable under Section 341, 323, 325, 498A, 504, 506/34 of the Indian Penal Code and under section 3⁄4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands. It is also alleged that petitioner assaulted the informant with water pot (lota) on her head and other accused persons wanted to kill her.

The petitioner admits marriage with the informant. On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 12 of the petition which reads as follows:

"12. That the petitioner is ready to keep the informant as legal wedded wife with the full dignity and honour."

Patna High Court Cr.Misc. No.13738 of 2016 (2) dt.29-03-2016 2/2 Considering the present stand of the petitioner, 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 Sri Amrendra Kumar, learned JM, 1st class, Jamui in connection with Laxmipur (Gidhour) Case No. 185 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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) 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 the issue. (Dinesh Kumar Singh, J) BKS/- U T