Pradeep Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51244 of 2014 Arising Out of PS.Case No. -127 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Pradeep Kumar Paswan Son of Ramdeo Paswan R/o Village Dhanupara, P.S. Ara Town District Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ruby Devi Wife of Pradeep Kumar Paswan, D/o Rajkishore Paswan A/P resident of Village Pipara Jagdish Post Lahang, Dumaria, P.S. Bihiya, District Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences under Sections 498A and 379/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

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 informant as wife with full dignity and

Patna High Court Cr.Misc. No.51244 of 2014 (2) dt.06-04-2015 2/3 honour. Statement to the aforesaid effect has been made in paragraph no.10 of the petition, relevant portion of which reads as follows:

"......the petitioner is ready to keep her with all 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 Bhojpur at Ara in connection with Mahila P.S. Case No. 127 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant 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)

Patna High Court Cr.Misc. No.51244 of 2014 (2) dt.06-04-2015 3/3 if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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