Ravi Kumar@ Ravi Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5109 of 2016 Arising Out of PS.Case No. -201 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Ravi Kumar@ Ravi Verma .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Adv. For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. The petitioner has filed Matrimonial Suit No. 11/2013 for restitution of conjugal right and thereafter the present complaint was filed. It is further submitted that the petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has

Patna High Court Cr.Misc. No.5109 of 2016 (2) dt.30-01-2016 2/3 been made in para 11 of the petition which reads as follows:- "That it is pertinent to mention here that the petitioner who is husband of the complainant is working in private company and he is ready to lead better conjugal life with the complainant with dignity and honour."

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, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Biharsharif, Nalanda in connection with Complaint Case No. 201C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. 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 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant

Patna High Court Cr.Misc. No.5109 of 2016 (2) dt.30-01-2016 3/3 gets reluctant to reconcile the issue.

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