Sunil Kumar Singh @ Sunil Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.34188 of 2016 (2) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34188 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -MAHILA PS District- GAYA ====================================================== Sunil Kumar Singh @ Sunil Kumar son of Satendra Singh, resident of Village- Dhamna, P.S.- Mohanpur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tannu @ Ginni Devi D/o Vijay Sharma, resident of Village- Naduana, Police Station- Bhagwanganj, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-09-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A and 323/34 of the I.P.C and 3⁄4 of the Dowry Prohibition Act.

Accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner 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:- "13. That, the petitioner is husband of informant and still ready to keep the wife (informant)."

Patna High Court Cr.Misc. No.34188 of 2016 (2) dt.26-09-2016 Both sides agree to appear before learned Court below on 18.10.2016 when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the present stand of the parties, 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 one year 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 1st Class, Gaya in connection with Mahila P.S. Case No. 22 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C 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 one year (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) Prakash/- U T