Munna Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4082 of 2015 Arising Out of PS.Case No. -3846 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Munna Sahni Son of Lal Bahadur Sahani Resident of Village Amari Kokrain, P.S. - Dhamdaha, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Budhni Devi Wife of Munna Sahni, D/o Kritu Singh, Resident of Village Diyari Mirjapur, P.S. Rousi, District - Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made

Patna High Court Cr.Misc. No.4082 of 2015 (2) dt.30-01-2015 2/3 in paragraph no. 10 of the petition which reads as follows: "That the petitioner is always ready to keep the complainant as wife with full dignity."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Araria in connection with Complaint Case No. 3846 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to

Patna High Court Cr.Misc. No.4082 of 2015 (2) dt.30-01-2015 3/3 reconcile the issue.

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