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Patna High CourtCR. MISC./30854/2020disposed

Rajnish Kumar Ranjan v. The State Of Bihar

2021-01-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30854 of 2020 Arising Out of Case No.-805 Year-2019 PATNA COMPLAINT CASE District- Patna ====================================================== RAJNISH KUMAR RANJAN Son of Mahendra Tiwari Resident of Village - Goraipur, P.O.- Sirvinda, P.S.- Nokha, District - Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kabita Tiwari Wife of Rajnish Kumar Ranjan Resident of Village - Gosaipur, Post - Sirvinda, P.S.- Nokha, District - Rohtas, At present - D/o - Dinanath Upadhay, Sakin New - Tarachak, P.S.- Danapur, P.O.- Danapur Cant, District - Patna, Pin code - 801503 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh For the State :

Mr. APP For the O.P. No.2 : Mr. Amit Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2021 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 805C/ 2019 for the offences allegedly committed by the petitioner under Section 498A, 323 of the IPC and u/s 4 of Dowry Prohibition Act.

At the outset of the argument, the learned counsel for the petitioner submits that petitioner is ready to keep his wife with all honour and dignity. The petitioner never tortured his wife and on account of some petty dispute the complainant filed this case with false allegation.

The learned counsel for the O. P. No.2 submits that wife is also ready to restore conjugal relation but her husband is having illicit relation with a lady Constable. Taking into consideration the facts aforesaid and the undertaking given by the petitioner that he is ready to keep his

Patna High Court CR. MISC. No.30854 of 2020(2) dt.04-01-2021 2/2 wife with all proper care, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for six months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Danapur, Patna in connection with Complaint case No. 805C/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and the wife amicably and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse of six months.

(Prabhat Kumar Jha, J) BKS/- U T