The Patna High Court granted provisional anticipatory bail to the petitioner in a dowry harassment case. The petitioner must reconcile with his wife within twelve weeks, and the bail is contingent on her appearance and willingness to reconcile.
Granted provisional anticipatory bail for one year, requiring reconciliation within 12 weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26916 of 2013
====================================================== Gopal Sharma .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-10-2013 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a complaint case in which cognizance has been taken under Sections 341, 342, 386, 498A, 366, 511 and 323/34 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.
On instruction, learned counsel for the petitioner submits that the petitioner refused to reconcile the issue before the learned court below which gets reflected from the impugned order also but now the petitioner is ready to keep the informant as wife with full dignity and honour.
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
Patna High Court Cr.Misc. No.26916 of 2013 (2) dt.03-10-2013
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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, Darbhanga in connection with Hayaghat P.S. Case No. 173 of 2012, 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 when 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 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 is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J)
Amrendra/-
1 issue framed by the court
Whether the petitioner is entitled to provisional anticipatory bail in a dowry-related case after expressing willingness to reconcile with his wife.
2 provisions across 2 enactments
Gopal Sharma
State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
