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Patna High CourtCR. MISC./44125/2016disposed

Pikesh Kumar @ Lala v. State Of Bihar And ANR

2016-10-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44125 of 2016 Arising Out of PS.Case No. -1510 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Pikesh Kumar @ Lala son of Ram Umed Sah Resident of VillageMarhalla, Police station- Tariyani, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Renu Kumari wife of Pikesh Kumar @ Lala D/o Sri Hari Narayan Sah At present Residing at Village+Police StationSiwaipatti, DistrictMuzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Shankar Choubey, Advocate For the Opposite Party/s : Mr. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is languishing in custody since 14.08.2016 in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 406/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant. Though, the petitioner

Patna High Court Cr.Misc. No.44125 of 2016 (2) dt.24-10-2016 declines to accept the offer of the complainant to resume the conjugal life, but now, he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has not been made in the petition.

It is submitted by the learned counsel for the complainant that complainant is ready to accept the offer of the petitioner.

Considering the nature of accusation and the present stand of the petitioner, let the above named petitioner, be released on bail 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, East Muzaffarpur in connection with Complaint Case No. 1510 of 2013.

The learned court below will accept the bail bonds of the petitioner provisionally till the petitioner will take the complainant to keep her as wife with full dignity and honour.

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