Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4268 of 2012 ====================================================== Kundan Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-02-2012 The petitioner has renewed his prayer for bail in a complaint case in which cognizance has been taken under [STATUTE] and Section 3/4 of the Dowry Prohibition Act. The petitioner was granted provisional anticipatory bail for six months on 29.04.2011 vide Cr. Misc. No. 11797 of 2011 with a direction to the learned court below to confirm the provisional bail of the petitioner if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner. It is submitted by learned counsel for the petitioner that the complainant is residing with the petitioner as wife with full dignity and honour and the matrimonial harmony is substantially restored but the learned court below has refused to Patna High Court Cr.Misc. No.4268 of 2012 (2) dt.01-02-2012 2 / 2 2 confirm the provisional bail since learned court below was not specifically directed to confirm the provisional bail, as gets reflected from the order of the learned court below dated 04.11.11 as contained in annexure-5. It is expected from the learned court below to read the purport of the order when the learned court below was directed to issue notice to the complainant and was to confirm the provisional bail in two eventualities then it was not necessary for this Court to incorporate the name of the learned court below in every paragraphs of the order. Considering the fact that the petitioner is residing with the opposite party no.2 and the order dated 04.11.2011 does not reflect that the complainant is not residing with the petitioner, the provisional bail granted to the petitioner is hereby confirmed in connection with Complaint Case No. 858 of 2009 pending in the Court of learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari. If the petitioner has already furnished the bail bond then he is allowed to remain in the same bail bond. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.