Vinod Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22916 of 2016 Arising Out of PS.Case No. -709 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Vinod Paswan, son of Shri Ramnath Paswan @ Milu Paswan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranju Devi(complainant) wife of Shri Vinod Paswan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anupam Sinha For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 14of the petition which reads as follows:-

Patna High Court Cr.Misc. No.22916 of 2016 (2) dt.20-05-2016 2/3 "That the petitioner is always ready and still ready to keep his wife i.e. the complainant with due love and care but she is not ready to live with him and outrightly refused to stay with her husband i.e. the petitioner even after series of panchayati."

The impugned order reflects that in spite of given several opportunities and service of notice the complainant chose not to appear before learned Court below. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 709(C) of 2014.

Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails

Patna High Court Cr.Misc. No.22916 of 2016 (2) dt.20-05-2016 3/3 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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