Vinay Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14425 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Vinay Kumar Sah son of Jago Sah, resident of Village- Lali Paharhi Jaynagar, Ward No. 33, P.S. Kabaiya, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shobha Devi W/o Vinay Kumar Sah, D/o Dharmdeo Sah R/o Lali Paharhi Jaynagar, Ward No-33, P.S.- Kabaiya, Distt- Lakhisarai. at present R/o Sohojana P.S.- Jhajha, Distt- Jamui. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A 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 complainant and is ready to keep the complainant 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 still

Patna High Court Cr.Misc. No.14425 of 2016 (2) dt.01-04-2016 P2/2 ready to keep his wife(complainant) with full honour and dignity, but the complainant herself does not want to live with her husband.

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 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 Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 240C of 2015. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant 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 complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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