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Patna High CourtCR. MISC./7262/2015

Sunil Kumar Rai v. The State Of Bihar

2015-02-23Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7262 of 2015 Arising Out of PS.Case No. -870 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Sunil Kumar Rai S/o Rajo Rai Resident of Village Vishnupur, Police Station Khanpur, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2015 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 were directed to be issued after cognizance being taken under Sections 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibit on Act.

The basic accusation is of torture for non fulfilment of demand of dowry.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. The statement to that effect has been made in para 9 of the petition.

Patna High Court Cr.Misc. No.7262 of 2015 (2) dt.23-02-2015 2/3 Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for a period of one year, in the event of arrest or surrender before the learned court below within a period of 12 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 C.J.M., Begusarai, in Complaint Case No.870 of 2013, subject to the conditions as laid down u/s 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. Both the complainant and the petitioner will appear before the learned court below on 11th May, 2015.

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 (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

Patna High Court Cr.Misc. No.7262 of 2015 (2) dt.23-02-2015 3/3