Ranjit Sah @ Sri Niwas Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1504 of 2016 ====================================================== Ranjit Sah @ Sri Niwas Sah, Son of Ram Chandra Sah, Resident of VillageMohanpur, P.S. Barouli, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi, W/o Ranjit Sah D/o Balister Sah, Resident of village - Hatpura, P.S. Baikuntpur, District - Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 09-05-2016 This matter was fixed for today but it was not listed, Hence, it is notified later on for hearing. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 323, 498A, 406 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. The petitioner and the informant are present in the Court.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full
Patna High Court Cr.Misc. No.1504 of 2016 (3) dt.09-05-2016 2/3 dignity and honour, statement to that effect has been made in paragraph 7 of the petition, which reads as follows:- "That the petitioner is always ready to live with the informant with her dignity and honour, but she does not want to live at her matrimonial home."
Counsel for the informant submits that the informant is ready to accept the offer of the petitioner but she is apprehensive due to past conduct of the petitioner. Both sides agree to appear before the learned court below on 30th of May, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for three months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj in connection with Baikunthpur P.S. Case No. 129 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on
Patna High Court Cr.Misc. No.1504 of 2016 (3) dt.09-05-2016 3/3 substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court. (Dinesh Kumar Singh, J) DKS/- U T