Abhinandan Srivastava @ Abhinandan Kumar Srivastava v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47226 of 2014 Arising Out of PS.Case No. -2557 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Abhinandan Srivastava @ Abhinandan Kumar Srivastava S/o Shri Paras Nath Prasad Srivastava R/o Mohalla Professor Colony, Nirala Nagar near D.A.V. College, Siwan, P.S. Siwan Town, District - Siwan, At present T.T.A. Bharat Sanchar Nigam near Bus Stand, Gurgaon. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Srivastava W/o Abhinandan Kumar Srivastava, D/o Shri Anil Kumar Srivastava R/o Village - P.O. Rasulpur, P.S. - Rasulpur, District - Chapra (Saran), At present Priyanka Srivastava, D/o Shri Anil Kumar Srivastava Vinod Niwas, Purvi Dahiyawan, Jagdamba Road, Chapra (Saran).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and section 3 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

Patna High Court Cr.Misc. No.47226 of 2014 (2) dt.12-03-2015 2/3 On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 5 of the petition.

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 SDJM Chapra(Saran) in connection with Complaint Case No. 2557 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant 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 complainant fails to appear before the learned court below or (iii) if the complainant deliberately

Patna High Court Cr.Misc. No.47226 of 2014 (2) dt.12-03-2015 3/3 gets reluctant to reconcile the issue.

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