Dharmendra Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36917 of 2015 Arising Out of PS.Case No. -281 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Dharmendra Singh S/o Late Janak Deo Singh Resident of Raghopur Center, P.S. - Judawanpur, Dist.- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Bishakha Kumari Sri Dharmendra Singh Resident at Mohalla - Pathari Gath, B.N. R. Road, P.O. - Gulzar Bagh, P.S. - Alamganj, Dist.- Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Kumar Maharaj For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfilment of the dowry demand. The factum of marriage between the petitioner and the complainant is admitted fact.
On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife
Patna High Court Cr.Misc. No.36917 of 2015 (2) dt.19-08-2015 2/3 with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "That the petitioner is husband who is ready to live with his wife with full dignity, love and peacefully."
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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna City in connection with Complaint Case No. 281C 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 for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant
Patna High Court Cr.Misc. No.36917 of 2015 (2) dt.19-08-2015 3/3 gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T