Raju Ram @ Chulhai Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25014 of 2019 Arising Out of PS. Case No.-2280 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== RAJU RAM @ CHULHAI RAM Son of Sital Ram Resident of Village - Chapra Math , P.S.- Minapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Vinita Devi Wife of Raju Ram @ Chulhai Ram , D/o Mahendra Ram Resident of Village - Chapra math , P.S.- Minapur, Distt.- Muzaffarpur, ( At Present residing at Mohalla- Bakhsi Colony, Maripur, P.S.- Kazi Mohammadpur, Dist.- Muzaffarpur.) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Punam Shrivastava For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2280 of 2015, Trial No. 2391 of 2017, in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act, pending in the court of S.D.J.M. (East), Muzaffarpur.

As per prosecution case marriage of informant was solemnized with the petitioner and after one month of marriage the in-laws started demanding motorcycle and for that she was subjected to torture and assault and she gave birth to a female child and also there is allegation that she was tried to kill by her

Patna High Court CR. MISC. No.25014 of 2019(6) dt.20-09-2019 2/3 in-laws.

It appears from the order dated 25.7.2019 that petitioner was given a liberty to visit the house of opposite party No.2 in order to persuade her to reside with him. It further appears from the order dated 26.8.2019 that petitioner was directed to visit the house of the complainant again on 11.9.2019 to bring her back and the S.H.O. of the concerned police station was to provide him adequate assistance in going to the house of the complainant.

Submission has been made by learned counsel for the petitioner that he has visited the house of the complainant but she is not ready to reside with the petitioner, whereas learned counsel for opposite party No.2 has submitted that petitioner had gone to the house of complainant on 11.9.2019 but without police and though petitioner has already married another lady but she is still ready to reside with the petitioner if she is allowed to live with dignity and care, including her expenses. Heard learned APP also.

In view of above facts and circumstances, let petitioner surrender in the court below on 30.9.2019, on that day opposite party No.2 shall also remain present in court and on filing an affidavit by the petitioner that he is ready to keep her

Patna High Court CR. MISC. No.25014 of 2019(6) dt.20-09-2019 3/3 with dignity and care and will not torture her in future by himself or his family members and he will bear the expenses of opposite party No.2 and her child, he shall be released on provisional bail for a period of six months and during that period both the parties shall appear in court below in second week of every month, so that the court below shall watch their conduct and marital status and once the court below is satisfied with their conduct and marital status, specially the conduct of the petitioner, his bail bonds shall be confirmed, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T