Pintu Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39512 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -PANDARAK District- PATNA ====================================================== Pintu Prasad .... .... Petitioner

Versus

1. The State of Bihar.

2. Mrs. Rubi Rani.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the State : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2015 Heard the learned counsels for the petitioner, informant and learned A.P.P. for the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 353, 307 and 498A/34 of the Indian Penal Code.

The accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the marriage was performed in 2011 and thereafter this is third case with similar accusation. At earlier also the informant filed complaint case and the police case in 2012 as well as the maintenance case and in those two cases the

Patna High Court Cr.Misc. No.39512 of 2014 (2) dt.27-02-2015 2 / 3 petitioner is on bail. Though the petitioner is still ready to keep the informant as wife with full dignity and honour.

Learned counsel for the informant on instruction submits that the informant is ready to accept the offer of the petitioner.

Both sides agree to appear before the learned court below on 16.03.2015 when the petitioner will take back the informant to keep her as wife with full dignity and honour.

Considering the stand of the parties, let the petitioner, above named, 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 in connection with Pandarak P.S. Case No. 12 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities i.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or the informant fails to appear before the learned

Patna High Court Cr.Misc. No.39512 of 2014 (2) dt.27-02-2015 3 / 3 court below (iii) or she gets reluctant to reconcile the issue.

U.K./- (Dinesh Kumar Singh, J) U T