Sonu Ram @ Sonu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39419 of 2015 Arising Out of PS.Case No. -242 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Sonu Ram @ Sonu Kumar son of Thakuri Ram, resident of village Stuvarganj (Mohania) P.S. Mohania, District Kaimur at Bhabua. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sunita Devi wife of Sonu Ram D/o Sukar Ram, present address village Chhotaki Chenari (Dih), P.S. Shiosagar, District Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 406, 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant in 1998
Patna High Court Cr.Misc. No.39419 of 2015 (2) dt.27-08-2015 2/3 and having five children out of the wedlock. The petitioner is still ready to keep the complainant and the children with dignity and honour. Statement to that effect has been made in paragraph 13 of the petition, which reads as follows:- "That the petitioner is ever ready to keep with the complainant with all respect and dignity but she has not ready to live with the old father and mother of the petitioner."
Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner but she is apprehensive due to the attitude of the petitioner. Both sides agree to appear before the learned court below on 5th of October, 2015 when the petitioner will take the complainant and children to keep them with 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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No. 242 of 2014, subject to the conditions as
Patna High Court Cr.Misc. No.39419 of 2015 (2) dt.27-08-2015 3/3 laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) DKS/- U T