Awadeshi Kumar @ Awadheshi Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42398 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -CHAURI District- BHOJPUR ======================================================

1. Awadeshi Kumar @ Awadheshi Kumar son of Tej Narayan Chaudhary Resident of village- Diliyalakh P.S.- Chauri, District- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanju Devi @ Anju Devi wife of Awadeshi Kumar, Daughter of Krishna Chaudhary, Resident of village- Delialakh, P.S.- Chauri, District- Bhojpur, At present- Resident of village- Baghi Tola, P.S.- Charpokhari, District- Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 312/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand and getting the pregnancy terminated.

The petitioner and the informant are present. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Though a statement to that effect has not been made in the petition.

Patna High Court Cr.Misc. No.42398 of 2015 (3) dt.04-02-2016 2/2 It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner.

Both sides agree to appear before learned Court below on 15th of February, 2016, when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year 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, Bhojpur at Ara in connection with Chauri P.S. Case No. 01 of 2015.

The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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