Ranjeet Pandit v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24642 of 2017 Arising Out of PS.Case No. -4102 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Ranjeet Pandit, Son of Radhe Pandit, Resident of Village - Sarbaila Tola, Police Station - Banma Itahri (Salkhua), District - Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Runa Devi, Wife of Ranjeet Pandit, Daughter of Jai Krishna Pandit Resident of Village - Bama, Police Station - Saur Bazar, District - Saharsa.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 19-08-2017 Heard learned counsels for the petitioner, complainant-opposite party no. 2 and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offence punishable under Section 498A of the Indian Penal Code.
The prosecution case is that the marriage between the petitioner and the complainant was performed in the year 2005 but subsequently, the complainant was tortured for non-fulfillment of further dowry demand. However, a daughter was born out of the
Patna High Court Cr.Misc. No.24642 of 2017 (3) dt.19-08-2017 2/3 wedlock and is residing with the complainant. Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and birth of a female child. The petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That the petitioner is still ready to keep his wife (complainant) with full honour and dignity."
Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner, but she is apprehensive due to past conduct of the petitioner. Both sides agree to appear before the learned court below on 11th of September, 2017 when the petitioner will take the complainant to keep her as wife with full dignity and honour.
Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months 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-
Patna High Court Cr.Misc. No.24642 of 2017 (3) dt.19-08-2017 3/3 divisional Judicial Magistrate, Saharsa in connection with Complaint Case No. 4102C of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony or (ii) if the complainant gets reluctant to reconcile the issue or (iii) if the complainant fails to appear before the learned court. (Dinesh Kumar Singh, J) DKS/- U T