Shashi Ranjan Kumar @ Shashi Ranjan Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17607 of 2015 Arising Out of PS.Case No. -79 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA ======================================================
1. Shashi Ranjan Kumar @ Shashi Ranjan Sharma Son of Raghunath Sharma Resident of village - Babhandiha, Post office - Keshopur, Police Station - Hilsa, District - Nalanda at Biharsharif .... .... Petitioner/s
Versus
1. The State of Bihar
2. Nitu @ Kuni Devi Wife of Shashi Ranjan Kumar @ Shashi Ranjan Sharma, Daughter of Chandeshwar Sharma Presently residing at village - Udaypura, Police Station - Naubatpur, District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 498A and 323 of the Indian Penal Code.
The basic accusation is of torture for non fulfillment of dowry demands. The factum of marriage between the petitioner and the complainant is admitted. On instructions, it is submitted that the
Patna High Court Cr.Misc. No.17607 of 2015 (2) dt.18-05-2015 2/3 petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows:
"That petitioner is always ready to keep the complainant opposite party no. 2 with full dignity and regard as wife."
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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Danapur, Patna in connection with Complaint Case No. 79C of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant and 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
Patna High Court Cr.Misc. No.17607 of 2015 (2) dt.18-05-2015 3/3 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 deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T