Devanand Singh Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.1909 of 2012 devanand singh versus the state of bihar ---------------------------------- 2/ 19.1.2012 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 section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act. though there is accusation of demand of dowry and torture but the petitioner is ready to keep the complainant as wife with full dignity and honour. the petitioner denies to have performed second marriage. on instructions, learned counsel for the complainant also submits that she is ready to assume the conjugal life. considering the aforesaid facts, let the above named petitioner 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 the bail bond of rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of acjm, barh in complaint case no. 85 c of 2011 subject to the conditions as laid down under section 438(2) of the cr.p.c. let the petitioner and the complainant appear before the learned court below on 13th february, 2012 when the 2 petitioner will take 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 by learned court below within a period of one year on substantial restoration of the matrimonial harmony or if the complainant deliberately refuses to reside with the petitioner but will not be confirmed in case a substantial proof comes that the petitioner has already performed second marriage. anil/ (dinesh kumar singh, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1909 of 2012 Devanand Singh Versus The State Of Bihar ---------------------------------- 2/ 19.1.2012 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 section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. Though there is accusation of demand of dowry and torture but the petitioner is ready to keep the complainant as wife with full dignity and honour. The petitioner denies to have performed second marriage. On instructions, learned counsel for the complainant also submits that she is ready to assume the conjugal life. Considering the aforesaid facts, let the above named petitioner 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 the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Barh in Complaint Case no. 85 C of 2011 subject to the conditions as laid down under section 438(2) of the Cr.P.C. Let the petitioner and the complainant appear before the learned court below on 13th February, 2012 when the 2 petitioner will take 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 by learned court below within a period of one year on substantial restoration of the matrimonial harmony or if the complainant deliberately refuses to reside with the petitioner but will not be confirmed in case a substantial proof comes that the petitioner has already performed second marriage. Anil/ (Dinesh Kumar Singh, J.)