Ritu Ranjan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24964 of 2016 Arising Out of Complaint Case No. -109 Year- 2014 Thana -GAYA COMPLAINT CASE DistrictGAYA ====================================================== Ritu Ranjan S/o Janardan Prasad .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mukta Sinha W/o Rity Ranjan, D/o Late Dilip Murari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Heard learned counsels for the petitioner and the State. 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 Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour at his place of employment. A statement to that effect has been made in para 13 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.24964 of 2016 (2) dt.20-06-2016 2/3 "That the petitioner is still ready to keep his wife, the complainant...."

It is further submitted that similar was the stand of the petitioner before the learned Court below but the complainant refused to accept the offer of the petitioner, which gets reflected from the impugned order.

It is submitted by learned counsel for the complainant that the petitioner is employed in Bank of Baroda whereas the complainant is employed in the State Bank of India in the state of Gaya. The complainant is ready to accept the offer of the petitioner but the petitioner should make sincere effort to get himself transferred in the state of Bihar for which the counsel for the petitioner submits that the petitioner will make sincere efforts for the same.

Both sides agreed to appear before the learned court below on 25th July, 2016 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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 `10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.24964 of 2016 (2) dt.20-06-2016 3/3 sureties of the like amount each to the satisfaction of learned SDJM, Gaya, in connection with Complaint Case No.109/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (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) Ashwini/- U T