Ram Lochan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12411 of 2015 Arising Out of PS.Case No. -78 Year- 2014 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Ram Lochan Mukhiya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jagnnath Singh, Advocate. For the Opposite Party : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-03-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 323, 379, 504 of the Indian Penal Code and 3/4 of the D. P. Act.

The accusation is of torture for nonfulfillment of dowry demand. On instruction, it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour, a statement to that effect has been made in paragraph no. 7 of the petition which reads as follows:- "7. That the petitioner being the husband is ready to keep his wife with full dignity and to maintain her but as the informant is not ready to live with the petitioner in her matrimonial house

Patna High Court Cr.Misc. No.12411 of 2015 (2) dt.25-03-2015 2 / 2 and therefore the present case has been instituted against him".

Considering the present stand of the petitioner, let the petitioner, above named, 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 in connection with Sadar P.S. Case No. 78 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or the informant fails to appear before the learned court below (iii) or she gets reluctant to reconcile the issue.

U.K./- (Dinesh Kumar Singh, J) U T