Pappu Rai @ Pappu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51659 of 2015 Arising Out of PS.Case No. -8664 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Pappu Rai @ Pappu Kumar, S/o Manjhi Rai, resident of village- Vijaygarh, Police Station- Maranchi, District- Patna .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 406, 379, 388 of the Indian Penal Code and 4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the complainant
Patna High Court Cr.Misc. No.51659 of 2015 (2) dt.04-11-2015 and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 11 of the petition which reads as follows:- "That from the perusal of the complaint petition it also appears that the petitioner is husband of the complainant and he is still ready to keep his wife with full dignity and honour but she is not ready to live with her husband because her father is rich man and her husband has also doing business for medicine."
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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 8664 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile
Patna High Court Cr.Misc. No.51659 of 2015 (2) dt.04-11-2015 the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T