Vipul Kumar Roy @ Santosh Kumar @ Santosh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.13616 of 2015 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13616 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Vipul Kumar Roy @ Santosh Kumar @ Santosh Son of Sri Nageshwar Roy resident of village - Majara, P.S. K. Nagar ( Maranga ), District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jyoti Kumari Daughter of Sri Subodh Kumar Mandal resident of village - Chapay, P.S. K. Nagar ( Maranga ), District - Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Reena Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 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 under Sections 498A and 379 of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 13 of the petition which reads as follows:

"That the petitioner is ready to keep her with full honour

Patna High Court Cr.Misc. No.13616 of 2015 (2) dt.07-05-2015 and 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 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 JM Ist Class, Purnea in connection with K. Nagar (Maranga) P.S. Case No.7 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 gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T