Arun Prasad Gupta @ Arun Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18039 of 2016 Arising Out of PS.Case No. -10 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arun Prasad Gupta @ Arun Kumar Gupta, son of Chandrika Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A,323, 380, 406, 307 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The accusation is of torture after ten years of marriage for non-fulfillment of dowry demand. It is also alleged that the informant was assaulted by the accused persons and ultimately driven out the informant from the matrimonial house. On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the

Patna High Court Cr.Misc. No.18039 of 2016 (2) dt.26-04-2016 2/3 informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is ready to keep the informant and his daughter with full dignity and honour." It is further submitted that similar was the stand of the petitioner before the learned court below.

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, Sadar Motihari (East Champaran) in connection with Trial No.6108/2015, arising out of Harsidhi P.S. Case No.10/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed

Patna High Court Cr.Misc. No.18039 of 2016 (2) dt.26-04-2016 3/3 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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