Indrajit Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.31110 of 2015 (2) dt.04-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31110 of 2015 Arising Out of PS.Case No. -1419 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Indrajit Kumar S/o Sri Kanhaiya Singh @ Kameshwar Singh resident of Mohalla - Surya Bihar Colony ( Nahar Par ), P.S. Rupaspur, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vijaya Laxmi W/o Indrajit Kumar, D/o Kameshwar Prasad Singh resident of Mohalla - Bijay Bihar Colony, Kaliket Nagar ( Beily Road ), P.S. Rupaspur, District - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner being husband of the complainant is apprehending his arrest in a case registered for the offences punishable under Section 498A & 3/4 of the Indian Penal Code. Accusation against the petitioner is of dowry and torture. It is submitted that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in Para 9 of the petition which reads as follows:- "9. That, it is respectfully submitted that the petitioner and all his family members still have regards and affection for the complainant and they intend to keep her in their family with full honour and dignity but the complainant does not want to reside with them. ".

Patna High Court Cr.Misc. No.31110 of 2015 (2) dt.04-08-2015 Learned counsel for the complainant submits that complainant is ready to accept the offer of the petitioner. Both sides agree to appear before learned Court below on 24.08.2015, when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the aforesaid stand of the parties, 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 Judicial Magistrate 1st Class, Danapur Patna in connection with Complaint Case No. 1419(c) of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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