Ajay Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28480 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -SANDESH District- BHOJPUR ======================================================
1. Ajay Ram S/O Nathuni Ram, R/O bhabhua, Ward No. 14, P.S.- Bhabhua, District- Kaimur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Seema Devi D/O Bhagwan Ram, R/O Village + P.S- Sandesh, DistrictBhojpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Rina Sinha For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 323, 341, 406, 498A/34 of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
The petitioner admits marriage with the complainant. On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 11 of the petition which reads as follows:
"11. That in spite of these things the petitioner is ready
Patna High Court Cr.Misc. No.28480 of 2016 (2) dt.12-07-2016 2/2 to keep his wife & his child with full dignity and love." Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Bhojpur, Ara in connection with Sandesh P.S. Case No. 06 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) BKS/- U T