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Patna High CourtCR. MISC./37642/2015disposed

Dr. Vikash Ranjan Kumar @ Dr. Vikash Ranjan @ Bablu @ Vikash Ranjan Kumar v. State Of Bihar And ANR

2015-08-18Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37642 of 2015 Arising Out of PS.Case No. -26489 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== DR. VIKASH RANJAN KUMAR @ DR. VIKASH RANJAN @ BABLU @ VIKASH RANJAN KUMAR .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shankar Ganguli For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioner, complainant 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 Sections 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

On instructions, it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph 6 of the petition, the relevant portion of which reads as follows:

".....the petitioner was/is ready to keep the

Patna High Court Cr.Misc. No.37642 of 2015 (2) dt.18-08-2015 2/3 complainant with him ........."

Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both petitioner and the complainant agree to appear before the learned court below on 28.8.2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour. 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 JM Ist Class, Patna in connection with Complaint Case No. 26489 C 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 court below or (iii)

Patna High Court Cr.Misc. No.37642 of 2015 (2) dt.18-08-2015 3/3 if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T