Sunil Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43784 of 2015 Arising Out of PS.Case No. -618 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Sunil Ram Son of Umesh Ram, R/o Village - Fathehpur, Kahartola, P.S. - Didarganj, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pinki Kumari, Wife of Sunil Ram, Daughter of Late Kedar Prasad, R/o Mohalla - Pathar Ki Maszid, Tekari Road, Mishri Tola, P.S. - Sultanganj, District - Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfilment of the dowry demand.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. The petitioner filed Matrimonial Suit No. 842 of 2012 for restitution of conjugal
Patna High Court Cr.Misc. No.43784 of 2015 (2) dt.16-09-2015 2/3 life and is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That it is relevant to mention here that the petitioner is still ready to take back his wife (opp. Party no.2) with full love, care, honour and dignity."
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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna City in connection with Complaint Case No. 618C of 2013, subject to the 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 (ii) if the complainant fails to
Patna High Court Cr.Misc. No.43784 of 2015 (2) dt.16-09-2015 3/3 appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T