Subhash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22538 of 2015 Arising Out of PS.Case No. -918 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Subhash Kumar, S/o Bitan Ram @ Bitan Baba, resident of Mohalla- Teliya Durga Asthan, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s

Versus

1. State of Bihar

2. Seema Devi, D/o Arjun Prasad, resident of mohalla- Chak Musallahpur (Koiritola), P.S.- Sultanganj, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Sharma, Advocate For the Opposite Party/s : Mr. Rajendra Pd. Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Indian Penal Code.

The accusation is of torture for non-fulfillment of the dowry demand. The marriage between the petitioner and complainant is admitted fact.

On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para-

Patna High Court Cr.Misc. No.22538 of 2015 (2) dt.18-05-2015 7 of the petition.

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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City in connection with Complaint Case No. 918C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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