Ravindra Kumar Singh @ Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12012 of 2022 Arising Out of PS. Case No.-633 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== RAVINDRA KUMAR SINGH @ RAVINDRA KUMAR SON OF LATE RAMADHAR SINGH Resident of Village - Dibhiya, P.s.- Karaghar, Distt.- Rohtas.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Divya Jyoti Singh W/o Ravindra Kumar Singh, D/o.- Sumant Singh Resident of Village - Dibhiya, P.S. - Karaghar, Distt. - Rohtas. At present residing at Village - Basgitiyan, P.O. - Jamodhi, P.S. - Bikramganj, Distt.- Rohtas.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
Mr. Rang Nath Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that when this matter was taken up on 01.12.2022 inadvertently it was submitted that the conciliation proceeding, which is going on between the parties, is fixed on 31.12.2022 when it is fixed for 03.01.2023, as such, submits that the said date 31.12.2022 be read
Patna High Court CR. MISC. No.12012 of 2022(4) dt.05-12-2022 2/3 as 03.01.2023.
In view of the submissions made by the learned counsel for the petitioner, the order dated 01.12.2022 is modified to the extent indicated above.
It is next submitted that petitioner has filed a divorce case before the learned Principal Judge, Family Court, Sasaram and the informant has filed the present case and a case for maintenance before the learned Additional Chief Judicial Magistrate, Bikramganj.
Learned counsel for the petitioner submits that petitioner is willing to keep the informant with full dignity and honour provided she withdraws the present case and the maintenance case. It is further submitted that even the petitioner will withdraw his divorce case.
Learned counsel for the informant submits that even the informant is willing to withdraw the present case and the maintenance case provided the petitioner withdraws the divorce case i.e. Matrimonial Case No. 393 of 2019 which is pending in the Court of learned Principal Judge, Family Court, Sasaram. Learned counsel for the petitioner submits that petitioner will withdraw the aforesaid divorce case and thereafter the informant should also withdraw both the cases to which learned counsel for the informant agrees on instruction.
Patna High Court CR. MISC. No.12012 of 2022(4) dt.05-12-2022 3/3 Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail for the period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 633 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
In the event, if the petitioner files an application bringing to the notice of the learned trial court that petitioner has withdrawn the divorce case then the provisional anticipatory bail granted to the petitioner shall stand confirmed on the same terms and conditions. Further, the Court hopes that even the informant within the time aforesaid will withdraw both the cases. (Satyavrat Verma, J) Kundan/- U T