A husband can be granted anticipatory bail in a case of dowry harassment if he undertakes to keep his wife with dignity and honour.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55983 of 2019

Arising Out of PS. Case No.-283 Year-2019 Thana- NAUBATPUR District- Patna

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Rajesh Kumar @ Rajesh Yadav Son of Munshi Yadav Resident of Village-

Chhoti Tengraila, P.S.-Naubatpur, District-Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar

2.

Reena Devi Daughter of Late Shivpujan Chouhan Resident of Village-

Sarari, P.S.-Naubatpur, District-Patna.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rudra Deo

For the Opposite Party/s :

Mr. Arun Kumar

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

6

10-01-2022

Heard learned counsel for the petitioner,

complainant and learned APP for the State.

Learned counsel for the petitioner is expected

to honour his undertaking given in the instant case for

depositing the requisite court fee and to remove the

defects as pointed out by the office when called upon to

do so by the office.

The petitioner is apprehending his arrest in a

case registered for the offences punishable under Section

498(A) of the Indian Penal Code and Section 3 /4 of the

Dowry Prohibition Act.

Patna High Court CR. MISC. No.55983 of 2019(6) dt.10-01-2022

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The basic accusation is of torture for non-

fulfillment of dowry demand.

It appears that vide order dated 21.10.2021,

Dasti Summon has been issued to the opposite party No.

2 for her appearance before this Court.

It is submitted by learned counsel for the

petitioner that the opposite party No. 2/informant has

refused to take Dasti Summon. It is further submitted

that petitioner is ready to keep the informant as wife

with full dignity and honour. A statement to that effect

has been made in para 16 of the petition.

Considering the aforestated facts and the

present stand of the petitioner, let the petitioner, above

named, in the event of his arrest or surrender before the

Court below within a period of four weeks from today,

be released on anticipatory bail on furnishing bail bonds

of Rs. 10,000/-(Ten Thousands) with two sureties of

the like amount each to the satisfaction of learned

Additional Chief Judicial Magistrate, Danapur, Patna in

Patna High Court CR. MISC. No.55983 of 2019(6) dt.10-01-2022

3/3

connection with Naubatpur P.S. Case No. 283 of 2019,

subject to the conditions as laid down under Section

438(2) of the Cr.P.C.

If the informant wishes to reside with the

petitioner, she will file a petition before learned Court

below when it is expected from the learned Court below

to issue notice to the petitioner for his appearance

before learned court below. On appearance, the

petitioner will be under an obligation comply the

undertaking given before this Court and will take the

informant to her matrimonial house to keep her as wife

with full dignity and honour.

Shageer/-

(Sunil Kumar Panwar, J)

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