Lal Babu Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32309 of 2014 Arising Out of PS.Case No. -2334 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Lal Babu Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 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 323 and 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.

The matter was referred to the Mediation Centre vide order dated 07.04.2015. The report of the mediator dated 26.05.2015 at flag-'A' reflects that the prayer has been made for extending the time for mediation.

It is submitted by learned counsel for the petitioner that the petitioner had taken the complainant to her matrimonial house and she is residing there, though, the petitioner undertook to take

Patna High Court Cr.Misc. No.32309 of 2014 (4) dt.22-06-2015 2/2 the complainant to his place of employment at Delhi after two months.

The counsel for the complainant submits that during mediation, the petitioner undertook to take the complainant at his place of employment but he left the complainant at his native place.

Considering the present stand of the petitioner that he will take the complainant to his place of employment within two months, let the above named petitioner be released on provisional anticipatory bail for six months 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 Chief Judicial Magistrate, Siwan in connection with Complaint Case No. 2334 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below if the matrimonial harmony is substantially restored and if the petitioner takes the complainant to his place of work within a period of two months.

(Dinesh Kumar Singh, J) Amrendra/- U T