Rajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17623 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Rajesh Kumar, son of Yadunandan Prasad, resident of Village-Tandwa, Police Station-Dumaria, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lalti Kumari, wife of Rajesh Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Uday Chand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case filed with accusation under Sections 323, 379, 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act wherein processes were directed to be issued after cognizance being taken.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition. The relevant portion of which reads as follows:- "That it is submitted that the petitioner is husband of the complainant and is

Patna High Court Cr.Misc. No.17623 of 2016 (2) dt.25-04-2016 2/2 always ready to keep the complainant with all respect as a wife...................."

Considering the aforesaid stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Complaint Case No. 40 of 2015.

Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T