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Patna High CourtCR. MISC./7013/2016disposed

Rajeev Kumar Ranjan @ Ranjan Kumar v. State Of Bihar And ANR

2016-07-28Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7013 of 2016 Arising Out of PS.Case No. -2679 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Rajeev Kumar Ranjan @ Ranjan Kumar son of Muni Lal Mandal Resident of village Sant Nagar P.S. Barari District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunaina Kumari D/o Shiv Nandan Mandal resident of village Kailu Tola Sukhsaina P.S. Barhara Kothi District Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avnish Kumar For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand and performing second marriage after seven years of the first marriage.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant but since the complainant has some illicit relationship with one Kailu Mandal, hence he performed second

Patna High Court Cr.Misc. No.7013 of 2016 (4) dt.28-07-2016 2/3 marriage.

The petitioner and the complainant are present before this Court.

Learned counsel for the petitioner submits that at present the petitioner and the complainant have decided to resume the conjugal life without levelling any accusation against each other. The aforesaid contention of the counsel for the petitioner is not being controverted by Mr. Mukesh Kumar Jha, learned counsel appearing on behalf of the complainant. Both sides agree to appear before learned Court below on 4th of August, 2016, when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year 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, Purnea in connection with Complaint Case No. 2679 of 2014. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails

Patna High Court Cr.Misc. No.7013 of 2016 (4) dt.28-07-2016 3/3 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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