IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5762 of 2011
BIKASH PRATAP SINGH
Versus
THE STATE OF BIHAR
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2. 22.04.2011 Heard the learned Counsel for the petitioner and the
learned counsel for the State as also the learned Counsel for the
Complainant.
The petitioner being husband is apprehending his
arrest in a complaint case in which cognizance has been taken under
Sections 498A of the Indian Penal Code and Section 4 of the Dowry
Prohibition Act.
Learned Counsel for the petitioner and the complainant
on instruction submitted that both sides are ready to reconcile.
However the complainant has apprehension about assault and abuse
being made by the petitioner for which during pendency of the
present case some information was given to the Police.
It is submitted by the learned Counsel for the petitioner
that that the petitioner undertakes not to ill treat the complainant
henceforth. The contention of the petitioner that he is paying
maintenance has also been controverted by the learned Counsel for
the complainant.
Considering the aforesaid stand, let the above named
petitioner, in the event of his arrest or surrender, be released on bail
provisionally for a period of six months on furnishing bail bonds of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to
the satisfaction of learned SDJM Patna in connection with Complaint
Case No. 1491 ( C ) of 2010 subject to the conditions as laid down
under Section 438(2) Cr.P.C.
Let the petitioner and the complainant appear before
the Court below on 29.4.2011 when the petitioner will take her to her
matrimonial home to keep her as wife with full dignity. The provisional
anticipatory bail of the petitioner will be confirmed by the learned court
below on two eventualities i.e. either on restoration of matrimonial
harmony substantially or the complainant refuses to reside with the
petitioner.
Snkumar/
(Dinesh Kumar Singh,J.)