Omkar Jaiswal @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8789 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -MAHILA PS District- BUXAR ====================================================== Omkar Jaiswal @ Sonu son of Uday Chandra Jaiswal, resident of VillageMohania Bhabua Road Banarsi Gali, P.S.-Mohania, District-Bhabua .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Md.Sufiyan (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, 341, 323, 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. It is submitted by learned counsel for the petitioner that earlier also the informant has filed Buxar Mahila P.S. Case No. 15 of 2013 levelling accusations under Section 498A I.P.C wherein the petitioner is on bail. It is further submitted 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 11 of the petition which reads as follows:- "That it is humbly submitted that the petitioner being the husband is ready to keep

Patna High Court Cr.Misc. No.8789 of 2016 (2) dt.23-02-2016 2/2 his wife with full dignity and honour"

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 Chief Judicial Magistrate, Buxar in connection with Buxar(Mahila) P.S. Case No. 44 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