Raju Bind v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22898 of 2015 Arising Out of PS.Case No. -1475 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Raju Bind son of Munni Bind resident of village Karwadiya, P.S. Chainpur, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kusum Devi wife of Raju Bind, D/o Ramanand Bind, R/V Karwadiya, P.S. Chainpur, District Kaimur at Bhabua, at Present resident with her father namely Ramanand Bind, R/V Sarangpur, P.S. Bhabua, District Kaimur at Bhabua.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 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 Section 498A of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made

Patna High Court Cr.Misc. No.22898 of 2015 (2) dt.19-05-2015 2/3 in paragraph no. 10 of the petition. It is further submitted that similar was the stand of the petitioner before the learned court below but due to laches on the part of the complainant the issue could not be reconciled.

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 Kaimur at Bhabua in connection with Complaint Case No. 1475 of 2014 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 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

Patna High Court Cr.Misc. No.22898 of 2015 (2) dt.19-05-2015 3/3 court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Anil/- U T