Raushan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24815 of 2015 Arising Out of PS.Case No. -1653 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Raushan Kumar, S/o Late Lal Bihari Singh, resident of mohalla-New Pahadpur Police Colony, Anishabad, Police Station- Gardanibagh, DistrictPatna .... .... Petitioner/s

Versus

1. State of Bihar

2. Munita Kumari, W/o Raushan Kumar, D/o Sri Ravindranath Sinha, resident of mohalla- New Pahadpur, police colony, Anishabad, P.S.- Gardanibagh, District- Patna, at present Quarter No. B/1981, Sector-2, Side-4, P.S.-Dhurva, Ranchi, District- Ranchi (Jharkhand) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nalin Kumar, Advocate For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and

Patna High Court Cr.Misc. No.24815 of 2015 (2) dt.08-07-2015 honour. Statement to that effect has not been made in the petition due to inadvertence.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 1653C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T