Prabhat Kumar Ranjan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28217 of 2014 Arising Out of PS.Case No. -1513 Year- 2011 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Prabhat Kumar Ranjan Son of Shatrughan Prasad Singh Resident of Village - Sahbajpur Salempur, P.S. - Ahiyapur, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibha Kumari D/o Jagdish Prasad Singh Resident of Village - Jasoda Math, P.S. - Kanti, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vikram For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 17-04-2015 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 filed with the accusation under Sections 323, 504, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. Notices were issued to the complainant-opposite party no. 2 vide order dated 10.07.2014. It appears from the office note dated 07.04.2015 that opposite party no. 2 received the notice
Patna High Court Cr.Misc. No.28217 of 2014 (05) dt.17-04-2015 2/3 but refused to give receiving.
It is submitted by learned counsel for the petitioner that the petitioner is still ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para 12 of the petition, which reads as follows:- "That it is pertinent to mention here that still at this stage also petitioner is ready to keep the complainant with him with full dignity and honour if she wishes so." Though, the complainant during maintenance proceeding refused to reconcile the issue. Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail 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 Sub-divisional Judicial Magistrate (East), Muzaffarpur in connection with Complaint Case No. 1513 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The grant of bail to the petitioner will not preclude the complainant to resume conjugal life. If such an application is filed by the complainant before the learned court below, the petitioner will be obliged to comply the undertaking given before
Patna High Court Cr.Misc. No.28217 of 2014 (05) dt.17-04-2015 3/3 this Court and take the complainant to keep her as wife with full dignity and honour.
(Dinesh Kumar Singh, J) DKS/- U T