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Patna High CourtCR. MISC./22745/2015disposed

Shyambabu Sharma v. State Of Bihar And ANR

2015-06-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22745 of 2015 Arising Out of PS.Case No. -280 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================

1. Shyambabu Sharma Son of Late Dilip Sharma R/o village - Shahar Rampur, P.S. Naubatpur, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Pammi Sharma D/o Ashok Sharma R/o Village - Shivgarh, P.S. Bikram, District - Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar For the Opposite Parties : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 498A, 504, 506, 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. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is an unemployed young still ready to keep his wife with full respect and dignity"

Considering the present stand of the

Patna High Court Cr.Misc. No.22745 of 2015 (2) dt.25-06-2015 2/2 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 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 Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 280 of 2014. 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 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) Shageer/- U T