Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21076 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== DHARMENDRA KUMAR Son of Rajmangal Rai R/o village- Belka, P.S.- Vaishali, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Paramshila Devi Wife of Dharmendra Kumar R/o village- Belka, P.S.- Vaishali, District- Vaishali at Hajipur. At present Daughter of Ram Naresh Rai, Village Pirapur, PS.- Lalganj, District- Vaishali at Hajipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 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 406 and 498A/34 of the Indian Penal Code.

The prosecution case as per the complaint petition is that the complainant Paramsheela Devi's marriage was performed with the petitioner on 13.05.2015, but subsequent to the marriage, further dowry demand of a motorcycle was made and due to non-fulfillment of the same, torture was inflicted by the petitioner and other in-laws family members. An attempt

Patna High Court CR. MISC. No.21076 of 2019(2) dt.12-04-2019 2/3 was also made to take the life of the informant on 22.10.2017 by causing burn injuries to her.

Learned counsel for the petitioner submits that the 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 13 of the petition which reads as follows:- "That the petitioner is ready to keep his wife with full honour and dignity....."

It is further submitted that the petitioner has also filed Matrimonial Suit No. 373 of 2017 for restitution of conjugal rights on 16.12.2017 which much prior to filing of the complaint petition.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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, Hajipur, Vaishali in connection with Complaint Case No. 130 of 2018 (Tr. No.3162 of 2018), subject to the

Patna High Court CR. MISC. No.21076 of 2019(2) dt.12-04-2019 3/3 conditions as laid down under Section 438(2) Cr.P.C. Let the learned Court below issue notice to the complainant for her appearance. 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 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) Ashwini/- U T