Allowed
Bharat Pandit v. The State Of Bihar
Patna HCCR. MISC./34001/2015
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34001 of 2015
Arising Out of PS.Case No. -13 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Bharat Pandit .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-08-2015 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 323 and 498A/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.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:-
“ That the petitioner is still ready to live with the informant.” Considering the present stand of the petitioner, let the
Patna High Court Cr.Misc. No.34001 of 2015 (2) dt.24-08-2015
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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 Chief Judicial Magistrate, Bhojpur at Arah in connection with Udwantnagar P.S. Case No. 13 of 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 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)
Amrendra/-
U T
Bharat Pandit
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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