Ravi Bhardwaj v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15398 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ravi Bhardwaj, Son of Sri Ratneshwar Pandey, Resident of Gram and PostLalpur, P.S.- Singhwada, District- Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dezi W/o Ravi Bhardwaj R/o Village and Post- Lalpur, P.S.- Singhwada, Dist.- Darbhanga., At present D/o- Satish Kumar, R/o Village- Ghorangra, P.S. - Kalyanpur, Dist.- Samastipur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for 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 offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act. The prosecution case, as per the complaint petition, is that the marriage between the complainant and the petitioner was performed 11.05.2014 but subsequently, for non-fulfillment of further dowry demand of a Scorpio vehicle, torture was inflicted which resulted into the lodging of the present complaint.
Patna High Court CR. MISC. No.15398 of 2019(3) dt.15-05-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph 13 of the petition, which reads as follows:- "That the petitioner is willing to keep his wife with full dignity and honour."
It is further submitted by learned counsel for the petitioner that the petitioner is employed in Canada and ready to take the complainant at his place of work provided she is ready for the same since she is employed in Central Government. It is submitted by learned counsel for the complainant that the complainant is ready to accept the offer of the petitioner but she will go with the petitioner for some time to Canada, i.e., the petitioner's place of employment.
Learned counsel for the petitioner submits that the petitioner will take the complainant to Canada for preparing Visa etc. However, in the meantime, the petitioner will make all efforts to resolve the issue by visiting the complainant and stay with her.
Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory
Patna High Court CR. MISC. No.15398 of 2019(3) dt.15-05-2019 3/3 bail for six months in the event of 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-divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 44 of 2018, 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) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned Court below, or (iii) if the complainant gets reluctant to reconcile the issue, but the same will not be confirmed if the petitioner fails to comply the undertaking given before this Court.
(Dinesh Kumar Singh, J) DKS/- U T