Ratnesh Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10653 of 2016 Arising Out of PS.Case No. -290 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Ratnesh Chaudhary son of Hridaya Chaudhary resident of VillageBelaur, P.S.- Udwant Nagar, District- Bhojpur (Ara). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Reema Devi wife of Ratnesh Chaudhary, resident of Village Balaur, P.S. Udawant Nagar, Dist- Bhojpur (Ara).

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

For the Petitioner/s : Mr. Chandan Kumar Verma For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of informant is languishing in custody since 19.11.2015 in a case registered for the offences punishable under sections 498A, 406, 384, 504 of the IPC and under section 3⁄4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant with full dignity and honour. Statement to that effect has been made in paragraph 14 of the petition, which reads thus:- "14. That the petitioner is ready to give full dignity and honour to his wife and ready to live with her."

Patna High Court Cr.Misc. No.10653 of 2016 (3) dt.28-03-2016 2/2 The same stand was taken by the petitioner before the learned court below but the informant refused to live with the petitioner. Moreover, the investigation has already been concluded.

Learned counsel for the informant submits that petitioner kidnapped one Rekha Kumari for which Ara Nawada P.S. case No. 160 of 2015 was registered under section 363, 366A of the IPC wherein the petitioner has been granted bail. He further submits that talk of settling the issue between the parties is going on.

In the circumstances, let the above named petitioner be released on provisional bail for three months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Udwant Nagar P.S. Case No. 290 of 2015.

In the meantime, both sides shall try to resolve the issue. Learned court below shall be at liberty to confirm the provisional bail of the petitioner if the issue is resolved. (Dinesh Kumar Singh, J) BKS/- U T