Krishna Bole v. State Of Bihar & Anr.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-09-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. It is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. The offer is acceptable to the learned counsel for the complainant but the complainant is apprehensive about the second marriage being performed by the petitioner which is being denied by the learned counsel for the petitioner. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, Patna High Court Cr.Misc. No.32618 of 2012 (2) dt.07-09-2012 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 1908 C of 2009 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the petitioner and the complainant appear before the learned court below on 8th October, 2012 when the 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 the learned court below if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner or in case, on verification by the learned court below, it is found that the petitioner has not performed second marriage. (Dinesh Kumar Singh, J) Anil/-