Rajesh Tiwari @ Tinku @ Rajesh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48293 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== Rajesh Tiwari @ Tinku @ Rajesh Kumar Tiwari, Son of Late Bharat Tiwari Resident of Village - Harpur Kothi, P.S.- Janta Bazar, District- Saran (Chapra) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Devi, Wife of Rajesh Tiwari @ Tinku Resident of Village - Majhawaliya, P.S.- Baniapur, District- Saran (Chapra) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case is to the effect that the marriage of the informant was performed with the petitioner on 18.06.2018, but after one week of the marriage, further demand of dowry of Rs. 2 lacs was made and due to non-fulfillment of the same, the informant was tortured by the petitioner and other in-laws family members.

Patna High Court CR. MISC. No.48293 of 2019(5) dt.20-11-2019 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with informant and he is ready to keep the informant as wife with full dignity and honour, though specific statement to that effect has not been made in the petition.

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned Court below on 29th of November, 2019 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest/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 like amount each to the satisfaction of learned ACJM-IV, Chapra, District-Saran in connection with Janta Bazar P.S. Case No. 29 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. 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

Patna High Court CR. MISC. No.48293 of 2019(5) dt.20-11-2019 3/3 informant fails to appear before the learned Court below, or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T