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Patna High CourtCR. MISC./50914/2015disposed

Ritesh Ranjan v. State Of Bihar And ANR

2016-03-28Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50914 of 2015 Arising Out of PS.Case No. -503 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Ritesh Ranjan Son of Prof. Om Prakash Gupta .... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Kumari Wife of Ritesh Ranjan, D/o Vishwanath Prasad Gupta .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/323/504/307/120b/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demand and made attempt to kill the informant. The petitioner and opposite party no.2 are present. Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and at present he is employed at Bangalore and ready to keep the informant as wife at Bangalore with full dignity and honour. A statement to

Patna High Court Cr.Misc. No.50914 of 2015 (3) dt.28-03-2016 2/3 that effect has been made in para 7 of the petition which reads as follows:- " That at the outset it is necessary to state that petitioner is ready to keep the complainant with full dignity and honour."

Learned counsel for the informant submits that the informant accepts the offer of the petitioner. Both sides agree to appear before the learned court below on 30th March, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Naubatpur P.S. Case No.503/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial

Patna High Court Cr.Misc. No.50914 of 2015 (3) dt.28-03-2016 3/3 harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T