Gopal Kumar @ Chhotu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38036 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== Gopal Kumar @ Chhotu Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Pandey For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 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 offence punishable under Section 498A and 323/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitione admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 4 of the petition the relevant portion of which reads as follows:

Patna High Court Cr.Misc. No.38036 of 2015 (2) dt.27-08-2015 2/3 ".........the petitioner is to keep the complainant with full dignity and honour ......... "

It is further submitted that similar was the stand of the petitioner before the learned court below. 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 ACJM Patnacity in connection with Agamkuan P.S. Case No. 186 of 2015 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) if the informant fails to appear before the learned court below or (iii) if the informant deliberately

Patna High Court Cr.Misc. No.38036 of 2015 (2) dt.27-08-2015 3/3 gets reluctant to reconcile the issue.

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