Rajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7786 of 2015 Arising Out of PS.Case No. -1207 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Rajesh Kumar S/o Ramkrishna Mahto, Resident of Village + P.O. - Ambari via Nimi District - Sheikhpura at present residing at Sherpur More Post & P.S. Warsaliganj, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Pushpalata Bharti W/o Rajesh Kumar, D/o Raghunandan Prasad, Resident of Village - Maghra, P.O. - Maghra, P.S. - Deepnagar Biharsharif, District - Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Anil Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-02-2015 Heard learned counsels 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, 323, 406 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. On instruction it is submitted by learned

Patna High Court Cr.Misc. No.7786 of 2015 (02) dt.26-02-2015 2/3 counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para 6 of the petition, which reads as follows:- "That the petitioner is ready to live with his wife with full honour and dignity as wife where the petitioner has been working at Surat." The petitioner has also filed restitution case. Statement to that effect has been made in para 7 of the petition.

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, Nalanda in connection with Complaint Case No. 1207(C) 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

Patna High Court Cr.Misc. No.7786 of 2015 (02) dt.26-02-2015 3/3 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 the issue; and (iii) or if the complainant fails to appear before the learned court.

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