Dilip Kumar Gupta @ Lallu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46807 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -MAHILA P.S. District- SARAN ====================================================== Dilip Kumar Gupta @ Lallu Son of Ashok Kumar Gupta Resident of Mohalla Sonpur (Gopi Babu Ke Hata), P.S.- Chapra Town, District - Saran at Chapra .... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Devi Wife of Dilip Kumar Gupta @ Lallu Resident of Mohalla - Salempur (Gopi Babu Ke Hata), P.S.- Chapra town District - Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-10-2015 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 Indian Penal Code. The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:- "That the petitioner is always ready to live with the informant with honour and dignity."

Patna High Court Cr.Misc. No.46807 of 2015 (2) dt.05-10-2015 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Mahila P.S. Case No. 27 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 informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Amrendra/- U T