Patna High CourtCR. MISC./34330/2016disposed

Nandan Sahni v. The State Of Bihar And ORS

2016-09-26Mr. Justice Dinesh Kumar Singh2 pages

Patna High Court Cr.Misc. No.34330 of 2016 (2) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34330 of 2016 Arising Out of PS.Case No. -876 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Nandan Sahni son of Maheshwar Sahni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Kumar, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-09-2016 Petitioner being husband of the informant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance was taken for the offences punishable under Section 498A/34 of the I.P.C and 3⁄4 of the Dowry Prohibition Act.

Accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in Para 9 of the petition which reads as follows:- "9. That the petitioner is husband of alleged victim Rubi Kumari and he is ready to keep her with all dignity."

Patna High Court Cr.Misc. No.34330 of 2016 (2) dt.26-09-2016 Considering the aforesaid stand of the petitoner, 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 six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 876C of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C 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 six months (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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