Mukesh Poddar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54009 of 2015 Arising Out of PS.Case No. -291 Year- 2014 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Mukesh Poddar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 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 offences punishable under Sections 498A, 324, 323, 307 and 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand and taking signature on plain paper. Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour.

A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is the husband of the informant/complainant/opposite party no.2 and is ready to keep the opposite party no.2 as his lawful and legally wedded wife and to bestow upon her all love and affection which the opposite party no.

Patna High Court Cr.Misc. No.54009 of 2015 (2) dt.27-11-2015 2/3 is entitled to as a wife."

It is further submitted that similar was the stand of the petitioner before learned court below but in spite of issuance of notice the informant failed to appear, though the mother of the informant appeared and stated that the petitioner used to torture the informant.

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 CJM, Bhagalpur in connection with Nathnagar P.S. Case No. 291 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 informant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to

Patna High Court Cr.Misc. No.54009 of 2015 (2) dt.27-11-2015 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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