Laxman Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26231 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -KATEYA District- GOPALGANJ ====================================================== Laxman Singh Son of Ramchandra Singh@Chanar Singh Resident of Village- Bankatiya, Tola, Kali Chhapar, Police Station - Kateya, District Gopalganj.
.... .... Petitioner
Versus
1. The State of Bihar
2. Sima Devi Daughter of late Sukhdeo Bhagat Soudhari , wife of Laxman Singh Resident of Village- Bankatiya, Tola, Kali Chhapar, Police Station - Kateya, District Gopalganj. Presently residing at Naihari Village Chakarwa Khas tola Khiriya, Police Station - Bhore, District Gopalganj. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 Heard learned counsels for the petitioner and the State.
Petitioner being the husband of the informant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The accusation is of torture for non fulfillment of the dowry demand.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the
Patna High Court Cr.Misc. No.26231 of 2016 (2) dt.27-06-2016 2/3 complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in Para-8 of the petition, which reads as follows: "That petitioner is always ready to keep his wife with due respect and 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 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 Chief Judicial Magistrate, Gopalganj in connection with Kateya Police Station Case No. 74 of 2016 arising out of Complaint Case No. 607 of 2016 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 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
Patna High Court Cr.Misc. No.26231 of 2016 (2) dt.27-06-2016 3/3 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. (Dinesh Kumar Singh, J) Mishra/- U T