Lal Babu Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8945 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -MAHILA P.S. District- LAKHISARAI ====================================================== Lal Babu Singh son of Sri Dular Singh, resident of Village-Amaratha, P.S.- Karakat(Gorari), District-Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shobha Devi, wife of Lallu Singh @ Lal Babu Singh and daughter of Suraj Singh, resident of Village-Chandi, P.S.-Akoragola, DistrictRohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. P.K.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 341, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that 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 13 of the petition which reads as follows:- "That the petitioner is ready to keep the informant (Victim Lady) with him with full honour and dignity."

It is further submitted that similar was the

Patna High Court Cr.Misc. No.8945 of 2016 (2) dt.23-02-2016 2/2 stand of the petitioner before learned Court below. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Rohtas, Sasaram in connection with Mahila P.S. Case No. 66 of 2015.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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