Patna High Court - Orders
Sikander Kumar Ram @ Sikander Kumar vs The State Of Bihar on 17 December, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56957 of 2015
Arising Out of PS.Case No. -124 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN
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1. Sikander Kumar Ram @ Sikander Kumar, Son of Krishna Ram, Resident
of Village: Sandha Bazar, P.S. Chapra Muffasil, District: Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Navin Nikunj
For the Opposite Party/s : Mr. Madhuranand Jha(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 17-12-2015Heard 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 offence punishable under Section 498A,323,379,504 and 506/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
On instructions, it is submitted that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made Patna High Court Cr.Misc. No.56957 of 2015 (2) dt.17-12-2015 2/3 in paragraph no. 11 of the petition which reads as follows:
"That the petitioner is ready to keep the informant with him with full dignity and honour. "
The petitioner has filed Matrimonial Case No. 97 of 2013 for restitution of conjugal rights.
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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Chapra Mufassil P.S. Case No.124 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 and 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 the learned court below in three Patna High Court Cr.Misc. No.56957 of 2015 (2) dt.17-12-2015 3/3 eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/-
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