IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5652 of 2011
NITISH KUMAR
Versus
THE STATE OF BIHAR
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2 22.04.2011 Heard learned counsels for the petitioner and
the State.
The petitioner being the husband is
apprehending his arrest in a complaint case in which
cognizance has been taken under Sections 323, 399 and
498A of the Indian Penal Code and Section 3/4 of the
Dowry Prohibition Act.
The petitioner is ready to keep the
complainant as wife with full dignity and honour.
It appears that the petitioner has earlier filed
a restitution case in which complainant appeared but
she was not ready to resume the conjugal life. The
petitioner is still ready to keep the complainant as wife
with full dignity and honour.
Considering the aforesaid facts, let the above
named petitioner, be released on provisional
anticipatory bail for six months, in the event of his
arrest or surrender before the learned Court below
within a period of 12 weeks from today, on furnishing
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bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Nawada in
connection with Complaint Case No. 989/2009,
subject to the conditions as laid down under Section
438(2) Cr.P.C.
Let the learned court below issue notice to
the complainant and on her appearance, the petitioner
will take back the complainant to her matrimonial
house to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be
confirmed in two eventualities (i) if the matrimonial
harmony is substantially restored or (ii) if the
complainant deliberately refuses to reside with the
petitioner.
(Dinesh Kumar Singh, J.)
Amrendra/-