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Patna High CourtCR. MISC./6195/2015bail granted

Ravindra Chauhan @ Rabindra Chauhan v. State Of Bihar And ANR

2015-02-16Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6195 of 2015 Arising Out of PS.Case No. -668 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Ravindra Chauhan @ Rabindra Chauhan son of Ramdeo Chauhan resident of Village Kewal Bigha, P.S. Manpur, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gudiya Devi wife of Ravindra Chauhan D/o Jagdish Chauhan resident of Village Kewal Bigha, P.S. Manpur, District Nalanda at present residing at Village Pancheka, P.S. Nardiganj, District Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2015 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 323, 504, 307, 379, 498A of the Indian Penal Code and 3/4 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 is ready to keep the complainant as wife with full dignity and honour and statement to that effect has

Patna High Court Cr.Misc. No.6195 of 2015 (2) dt.16-02-2015 been made in para-8 of the petition.

It is submitted by the learned counsel for the complainant that petitioner has illicit relationship with his sister-in-law Rinki Devi. The same has been denied by the learned counsel for the petitioner and statement to that effect has been made in para-7 of the petition.

Both the petitioner and complainant appear before the learned court below on 2nd of March, 2015 when the petitioner will take the complainant to keep her as wife with full 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 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 Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 668 of 2014, 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

Patna High Court Cr.Misc. No.6195 of 2015 (2) dt.16-02-2015 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) P.K./- U T