Prem Pradeep Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37572 of 2018 Arising Out of PS. Case No.-708 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Prem Pradeep Kumar S/o Ram Pravesh Singh, R/o Vill.- Chargodiya, P.S.- Nasiriganj, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Varunavati Devi D/o Amrendra Prasad, R/o Vill.- Gamhariyan, P.S.- Karakat, District- Rohtas.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shankar Singh For the Opposite Party/s :
Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsels for the parties.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under section 498A of the IPC. The prosecution case as per the complaint petition is that the marriage of the complainant with the petitioner was performed on 4.6.2015. After fifteen days of marriage, husband of the complainant went to his place of work in Dubai and through phone he started inflicting torture as he demanded car as further dowry and admittedly he performed second marriage. After two months of the marriage the complainant was driven
Patna High Court Cr.Misc. No.37572 of 2018(2) dt.28-06-2018 2/3 out of her matrimonial house by the mother-in-law. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep her as wife with full dignity and honour. Statement to that effect has been made in paragraph 7 of the petition which reads as follows:
"That the petitioner has committed no offence rather he is ready to keep the O.P. No. 2 with all dignity as his wife." It is further submitted that the petitioner has not performed second marriage though no statement to that effect has been made in the petition.
Considering the present stand of the petitioner, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj, Rohtas in connection with Complaint Case No. 708 of 2016 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant for her appearance. On her appearance, the
Patna High Court Cr.Misc. No.37572 of 2018(2) dt.28-06-2018 3/3 petitioner will take the complainant 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 complainant fails to appear before the learned court below, or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) anil/- U