Ganesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39253 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ====================================================== Ganesh Paswan, son of Late Shiv Narayan Paswan, resident of VillageAmbedkar Nagar, Subhash Chok, Khutauna, P.S.-Khutauna, DistrictMadhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dileep Kumar Singh For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498A, 307, 328/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The accusations are of torture for nonfulfilment of dowry demand and administering poison to the informant.

On instructions, it is submitted by learned counsel for the petitioner that 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 11 of the petition which reads as follows:- "That the petitioner is still ready and willing to take back the O.P No. 2/ wife along with female child in matrimonial house and keep her with dignity

Patna High Court Cr.Misc. No.39253 of 2015 (2) dt.24-08-2015 2/2 and comfort provided she is also ready and willing to cooperate him in carrying of matrimonial relation" Considering the present stand of the petitioner, 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 Sub-Divisional Judicial Magistrate, Madhubani in connection with Madhubani Mahila P.S. Case No. 59 of 2014.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. 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