Mayanand Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70196 of 2018 Arising Out of PS. Case No.-651 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Mayanand Ram, S/o Biranchi Ram, Resident of Village- Rampur Kodarkatti, P.S. & District- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Banita Devi, D/o Jiwachh Ram, Resident of Village- Raghunathpur Uttar, P.S.- Bhargama, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsels for the parties.

The petitioner being the husband of the complainant, is apprehending arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act.

The prosecution case as per the complainant is that her marriage with the petitioner was performed on 4.3.2016 but immediately after marriage further dowry demand was made and due to non-fulfillment of the same torture was inflicted upon her for which Complaint Case No. 1250 C of 2016 was filed, though the same culminated on compromise. Thereafter, when the complainant went to her matrimonial house again dowry

Patna High Court Cr.Misc. No.70196 of 2018(2) dt.07-12-2018 2/2 demand of Rupees Two Lacs was made and she was driven out from the matrimonial house.

It is submitted by learned counsel for the petitioner that he has received telephonic instruction that the issue has been resolved between the parties and the complainant is residing with the petitioner.

In the circumstances, let the petitioner above named be released on provisional anticipatory bail for for months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria in connection with Complaint Case No. 651C of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. The learned court below will issue notice to the complainant and on her appearance if she admits that she is residing with the petitioner, in that eventuality, the provisional bail of the petitioner will be confirmed.

(Dinesh Kumar Singh, J) anil/- U