Anil Kumar Singh @ Anil Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13442 of 2015 Arising Out of PS.Case No. -29 Year- 2014 Thana -BEUR District- PATNA ====================================================== Anil Kumar Singh @ Anil Kumar .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suryakant Kumar For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2015 Heard learned counsel for the petitioner and the informant.
The order dated 06.05.2015 is modified to the extent that petitioner Anil Kumar Singh @ Anil Kumar was granted anticipatory bail in a case registered for the offences punishable under Sections 498A and 323/34 of the IPC and Section 3/4 of the Dowry Prohibition Act but it was wrongly recorded in the said order that the petitioner is the brother of the husband of the informant, though, the petitioner is the husband of the informant. The accusation is of torture for non-fulfilment of the dowry demand.
On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been
Patna High Court Cr.Misc. No.13442 of 2015 (3) dt.13-05-2015 2/3 made in para 21 of the petition which reads as follows:- "That it is stated and humbly submitted that the petitioner is still ready to live with the informant keeping her 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Beur P .S. Case No. 29 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 complainant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
Let today's order be uploaded in place of order dated
Patna High Court Cr.Misc. No.13442 of 2015 (3) dt.13-05-2015 3/3 06.05.2015. It is made clear that henceforth no certified copy of the initial order dated 06.05.2015 will be issued. Office to take necessary steps to offload the order dated 06.05.2015 from the website.
(Dinesh Kumar Singh, J) Amrendra/- U T