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Patna High Court - Orders

Pappu Basphore vs The State Of Bihar on 16 May, 2013

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Miscellaneous No.17653 of 2013
               ======================================================
               1. Jyoti Devi
               2. Sahil @ Pankaj Basphore
               3. Rita Devi
               4. Shankar Basphore
                                                                  .... .... Petitioner/s
                                               Versus
               The State Of Bihar
                                                             .... .... Opposite Party/s
               ======================================================
                                                With
                              Criminal Miscellaneous No.18859 of 2013
               ======================================================
               Pappu Basphore
                                                                  .... .... Petitioner/s
                                               Versus
               The State Of Bihar
                                                             .... .... Opposite Party/s
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
               SINGH
               ORAL ORDER

02/   16-05-2013

Heard learned counsels for the petitioners and the State.

The petitioner Pappu Basphore being the husband of the informant and petitioners of Cr. Misc. No. 17653 of 2013 are family members of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 323, 379, 504/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The accusation is of torture for non- Patna High Court Cr.Misc. No.17653 of 2013 (2) dt.16-05-2013 2/3 fulfillment of the dowry demand.

The husband of the informant namely, Pappu Basphore is ready to keep the informant as wife with full dignity and honour.

Considering the present stand of the petitioner Pappu Basphore, let petitioner Pappu Basphore be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai Mahila P.S. Case No. 25 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the informant for her appearance when the petitioner Pappu Basphore will take the informant to her matrimonial home to keep her as wife with full dignity and honour.

The provisional bail of the petitioner Patna High Court Cr.Misc. No.17653 of 2013 (2) dt.16-05-2013 3/3 Pappu Basphore will be confirmed within one year by the learned court below on substantial restoration of the matrimonial harmony or if the informant deliberately refuses to reside with the petitioner Pappu Basphore.

Considering the present stand of the petitioner Pappu Basphore, let the above named petitioners of Cr. Misc. No. 17653 of 2013 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai Mahila P.S. Case No. 25 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) DKS/