Chandan Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6882 of 2015 Arising Out of PS.Case No. -597 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Chandan Kumar Singh Son of Ganesh Prasad Singh, Resident of Kmrathu, P.S. - Gayghat, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Poonam Devi, W/o Chandan Kumar Singh, R/o Kamarthu, P.S.- Gayghat, District- Muzaffarpur, Pupri resident of C/o Mauleshwar Pd. Singh, village- Gorras Dharampur, P.S.- Barh, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and the State.

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

The accusation is of torture for non-fulfillment of the 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.

Patna High Court Cr.Misc. No.6882 of 2015 (2) dt.20-02-2015 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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 597C of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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