Ravi Sah @ Ravi Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1426 of 2016 ======================================================

1. Ravi Sah @ Ravi Kumar Sah, Son of Chandeshwar Sah, Resident of Village- Dhardari, P.S. Devariya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babunti Devi, wife of Ravi Sah, D/O Binda Sah, at present Resident of villagae- Dhobaliya, P.S. Chakiya, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar, Adv For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 147, 323, 406 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non fulfillment 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

Patna High Court Cr.Misc. No.1426 of 2016 (2) dt.11-01-2016 statement to that effect has been made in para 8 of the petition which reads as follows:- "That the petitioner always ready to keep the complainant as legally wedded wife with full honour and dignity."

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sadar, Motihari, East Champaran in connection with Complaint Case No. 2186 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or

Patna High Court Cr.Misc. No.1426 of 2016 (2) dt.11-01-2016 (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ranjan/- U