Raghuvansh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11436 of 2016 Arising Out of PS.Case No. -2970 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Raghuvansh Kumar S/o Dukhi Singh R/o Village Islampur Ps Goraual, Dist Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rina Kumari W/o Raghuvansh Kumar Singh, D/o Nana Kumar Singh@Nand Kishore Singh At Present R/o Village Mirja Nagar ,P S Mahua Distt Vaishali.

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 25-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in Complaint Case No. 2970 of 2014 wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act, pending in the court of learned Sub-divisional Judicial Magistrate, Vaishali at Hajipur.

The basic accusation is of torture for nonfulfillment of the dowry demand.

Patna High Court Cr.Misc. No.11436 of 2016 (3) dt.25-07-2016 Notices were issued to opposite party no. 2 vide order dated 09.03.2016 on submission of learned counsel for the petitioner that the petitioner admits his marriage with the complainant and was ready to keep the complainant with full dignity and honour which gets reflected from the impugned order but the petitioner failed to make himself present before learned court below. It is further submitted that when the complainant did not accept the offer of the petitioner then petitioner filed Matrimonial Suit No. 54 of 2016 with a prayer for divorce.

Today learned counsel for the petitioner submits that the petitioner wants to withdraw this application since the petitioner wants to surrender before the learned court below. A slip has been filed to that effect.

However, counsel for the complainant submits that the complainant is ready to resume the conjugal life. Considering the instant prayer of the petitioner, this application is dismissed as withdrawn. (Dinesh Kumar Singh, J) DKS/- U T