Anjani Kumar @ Vinit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22553 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -MAHILA PS District- JEHANABAD ====================================================== Anjani Kumar @ Vinit Kumar, S/o Ashwani Sharma, Resident of Village - Metara, P.S. - Ghoshi, District - Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Puspa Kumari, W/o Anjani Kumar @ Vinit Kumar, Resident of Village - Metara, P.S. - Ghoshi, District - Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jharkhandi Upadhyay, Adv. For the State : Mr. Sri Akhileshwar Dayal, APP For Informant : Mr. Manish Kumar No.13, Adv.
Mr. Rohit Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2017 Heard learned Counsels for the petitioner, informant and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323, 498A, 406, 504/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The prosecution case is that the marriage of the informant with the petitioner was performed on 01.05.2015, but, subsequently, further dowry demand was made and on nonfulfillment of the same, the torture was inflicted upon the informant. It is also alleged that an attempt was made to kill the informant.
Patna High Court Cr.Misc. No.22553 of 2017 (4) dt.19-08-2017 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant having no issue. However, the petitioner is ready to keep the informant 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:- "That the petitioner was ready to keep her wife with all dignity, but in spite of notice she was not appear before the Court below."
Learned counsel for the informant submits that the informant accepts the offer of the petitioner as she also inclines to resume the conjugal life.
Both sides agree to appear before the learned Court below on 8th of September, 2017, when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months 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 Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad (Mahila) P.S. Case No.71/2016, subject to the
Patna High Court Cr.Misc. No.22553 of 2017 (4) dt.19-08-2017 3/3 conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed by 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 gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Ashwini/- U