Raja Soni v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45416 of 2014 Arising Out of PS.Case No. -325 Year- 2013 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Raja Soni Son of Late Hem Narayan Sah Resident of Mohalla- Lakridhahi, Chandbara (Bandh), P.S.- Town, District- Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Renu Soni Wife of Raja Soni Resident of Mohalla- Malighat, Near Kaveri Gas Agency, P.S.- Mithanpura, District- Muzaffarpur .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.45425 of 2014 Arising Out of PS.Case No. -2281 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Raja Soni Son of Late Hem Narayan Sah Resident of Mohalla-Lakridhahi, Chandbaa (Bandh) P.S.-Town District-Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Renu Soni Wife of Raja Soni Resident of Mohalla-Malighat, Near Kaveri Gas Agency, P.S.-Mithanpura, District-Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.45416 of 2014) For the Petitioner/s : Mr. Yogendra Kumar Singh For the Opposite Party/s : Mr. Gajendra Prasad Yadav (App) (In Cr.Misc. No.45425 of 2014) For the Petitioner/s : Mr. Yogendra Kumar Singh For the Opposite Party/s : Mr. Gajendra Pd. Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07/ 17-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the
Patna High Court Cr.Misc. No.45416 of 2014 (07) dt.17-08-2015 2/3 informant/complainant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A and 379 of the Indian Penal Code and in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.
The basis accusation is of torture for nonfulfillment of the dowry demand. The matter was referred to the Mediation Centre. The report of the Mediator dated 14.08.2015 at Flag 'K' reflects that the issue could not be resolved. It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the informant/complainant as his wife with full dignity and honour. Statement to that effect has been made in paragraph 3 of the supplementary affidavit, which reads as follows:- "That the petitioner is ready to keep the informant/complainant as wife with full dignity and honour."
None appears for opposite party no. 2.
Considering the aforesaid facts, let the above named petitioner in both the applications be released on
Patna High Court Cr.Misc. No.45416 of 2014 (07) dt.17-08-2015 3/3 anticipatory bail 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 Chief Judicial Magistrate/Sub-divisional Judicial Magistrate (East), Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 325 of 2013/Complaint Case No. 2281 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
If informant/complainant files an application for resuming conjugal life then the learned court below will issue notice to the petitioner when the petitioner will be obliged to comply the undertaking given before this Court. (Dinesh Kumar Singh, J) DKS/- U T