Baidyanath Chaupal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8856 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -MANIGACHI District- DARBHANGA ====================================================== Baidyanath Chaupal son of Rameshwar Chaupal, resident of VillageAdalpur, P.S.-Sadar, District-Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Leela Devi, wife of Baidyanath Chaupal, resident of VillageAdalpur, P.S.-Sadar, District-Darbhanga, presently residing at Leela Devi, daughter of Rajendra Choupal, Village-Jatuka, P.S.- Manigachhi, District-Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Madan Kumar (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 341, 323, 504, 379, 498A, 506/34 of the Indian Penal Code.

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 7 of the petition which reads as follows:- "That the petitioner is husband of informant and ready to keep her with full dignity and honour"

Patna High Court Cr.Misc. No.8856 of 2016 (2) dt.23-02-2016 2/2 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 Judicial Magistrate, Darbhanga in connection with Manigachhi P.S. Case No. 160 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