Raju Das v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14588 of 2019 Arising Out of PS. Case No.-12 Year-2018 Thana- SONO District- Jamui * ====================================================== Raju Das, Son of Sona Das Resident of Village - Batiya Tola Malechhariya, P.S.- Sono, Distt.- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunila Devi, Wife of Raju Das, D/o Shankar Das Resident of Village - Batiya Tola Malechhariya, P.S.- Sono, Distt.- Jamui, D/o of Shankar Das Resident of Village - Tilberiya, P.S.- Sono, Distt.- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 147, 323, 504, 498A, 307, 379, 386 and 506/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.
The prosecution case got initiated with the filing of Complaint Case No. 1087C of 2015, by Sunila Devi, which subsequently got registered as a police case after the same being transferred under Section 156(3) of the Cr. P.C. The prosecution case is to the effect that the marriage of
Patna High Court CR. MISC. No.14588 of 2019(2) dt.11-03-2019 2/3 the informant was performed with the petitioner seven years prior to the filing of the complaint case, but subsequent to the marriage, further demand of dowry of Rs. 50,000/- and a colour T.V., was made and due to non-fulfillment of the same, torture was inflicted by the petitioner and other in-laws family members of the informant. Ultimately, the informant was assaulted by all the accused persons and driven out from the matrimonial house.
Learned counsel for the petitioner submits that the petitioner admits his marriage with informant and he is ready to keep the informant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 7 of the petition, which reads as follows:- "That the petitioner is ready to keep his wife with full dignity and honour"
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest/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 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st Class, Jamui in connection with Sono P.S. Case No. 12 of 2018, subject to the
Patna High Court CR. MISC. No.14588 of 2019(2) dt.11-03-2019 3/3 condition as laid down under Section 438(2) of the Cr. P.C. Let the learned Court below issue notice to the informant and on her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. 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 informant fails to appear before the learned Court below, or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T