Ravi Shankar Kumar @ Ravi Shanker Kr. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15052 of 2015 Arising Out of PS.Case No. -872 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Ravi Shankar Kumar @ Ravi Shanker Kr.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 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 Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that marriage between the petitioner and the complainant has been dissolved vide an ex parte judgment dated 17.04.2013 passed by learned Principal Judge, Family Court, Allahabad (U.P.) in Matrimonial Case No. 1340 of 2011 and, thereafter, the present complaint has been filed on 14.08.2013. It is submitted by learned counsel for the informant that miscellaneous appeal has been preferred against the

Patna High Court Cr.Misc. No.15052 of 2015 (2) dt.12-05-2015 2/2 judgment passed by the learned Principal Judge, Family Court, Allahabad (U.P.) in Matrimonial Case No. 1340 of 2011 and notices have been issued to the petitioner.

It is further submitted by learned counsel for the petitioner that the petitioner undertakes to appear before the appellate court on the next date fixed in the aforementioned miscellaneous appeal preferred against the judgment of family court.

Considering the fact that the complaint has been filed after dissolution of marriage, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rohtas, Sasaram in connection with Complaint Case No.872 C of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. The complainant would be at liberty to seek cancellation of bail bonds of the petitioner, if he fails to appear on three consecutive dates in the miscellaneous appeal preferred against the judgment of the learned Principal Judge, Family Court, Allahabad (U.P.).

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