Rajesh Lal Deo @ Rajesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44519 of 2014 Arising Out of PS.Case No. -47 Year- 2014 Thana -MAHILA PS District- DARBHANGA ====================================================== Rajesh Lal Deo @ Rajesh Kumar S/o Baidhnath Lal Dev Resident of Village - Ujjaina, P.S. - Baheri, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar
2. Aarti Devi Daughter of Kailash Lal Dev Village - Mekna, P.S. - Bhadurpur, District - Darbhanga .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gyanendra Kumar Shukla For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 324, 307, 379, 406 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of dowry demand and assaulting the informant. Notices were issued to the informant-opposite party no. 2 vide order dated 23.12.2014 on submission of learned counsel for the petitioner that the petitioner is ready to settle the dispute. The informant and the petitioner are present. The marriage
Patna High Court Cr.Misc. No.44519 of 2014 (03) dt.02-04-2015 2/3 between the petitioner and the informant having no issue is admitted fact.
It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour, though, statement to that effect has been made in the petitioner. It is further submitted that the chargesheet has only been submitted under Section 498A of the Indian Penal Code.
It is submitted by learned counsel for the informant that the informant is ready to accept the offer of the petitioner.
Both sides agree to appear before the learned court below on 20th of April, 2015 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 one year 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 Chief Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case No. 47 of 2014, subject to the conditions as laid down under
Patna High Court Cr.Misc. No.44519 of 2014 (03) dt.02-04-2015 3/3 Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on 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