Pawan Kumar @ Bablu Kumar @ Bablu Patel v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46035 of 2014 Arising Out of PS.Case No. -3407 Year- 2012 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Pawan Kumar @ Bablu Kumar @ Bablu Patel Son of Virchandra Singh resident of village- Nayatola, Rajarampur, P.S.- Saraiya, DistrictMuzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ravita Kumari resident of village- Nayatola Rajrampur, P.S.- Saraiya, District- Muzaffarpur, daughter of Nathuni Singh, Presently resides at village- Mataiya, P.O.- Madhopur, P.S. + District- Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 04-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the
Patna High Court Cr.Misc. No.46035 of 2014 (4) dt.04-08-2015 2/3 complainant as wife with full dignity and honour. Statement to that effect has been made in para 13 of the petition, which reads as follows:- "That the petitioner is ready to keep her wife with full dignity."
Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner but she is apprehensive due to the past conduct of the petitioner. Both sides agree to appear before the learned court below on 19.08.2015 when the petitioner will take the complainant 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 Subdivisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 3407 of 2012, 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial
Patna High Court Cr.Misc. No.46035 of 2014 (4) dt.04-08-2015 3/3 harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) DKS/- U T