Bipin Rajjak @ Bipin Rajak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29292 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Bipin Rajjak @ Bipin Rajak, Son of MahajanRajak, Resident of VillageSisouna, P.S- Jokihat, Dist- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shashi Devi D/o Mahendra Rajak, resident of Village Mirzapur Kothi, P.S. Simraha District- Araria.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 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 basic 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 and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition

Patna High Court Cr.Misc. No.29292 of 2016 (2) dt.21-07-2016 2/3 which reads as follows:- "That in spite of all these happenings the petitioner is still ready to resume the conjugal life and to keep the complainant with all honour, affection and dignity and same pleading has been advanced before the learned court below."

Learned counsel for the complainant, on instruction, submits that the complainant is ready to accept the offer of the petitioner.

Both sides agree to appear before the learned court below on 3rd of August, 2016 when the petitioner will take the complainant to keep her as wife with full dignity and honour. 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, Araria in connection with Complaint Case No. 50C of 2015, 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 in three eventualities (i) if the matrimonial

Patna High Court Cr.Misc. No.29292 of 2016 (2) dt.21-07-2016 3/3 harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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