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Patna High CourtCR. MISC./22905/2013

Ranjit Ram v. The State Of Bihar

2015-02-09Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22905 of 2013 Arising Out of PS.Case No. -819 Year- 2011 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Ranjit Ram, S/O Yogendra Ram, R/O Village - Rewa, P.S. Saraiya, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sudha Devi, D/O Jai Lal Ram, W/O Ranjit Ram, Vill- Rikhar, P.S. Lalganj, Distt-Vaishali, Sasurali Sakunt, Vill-Reva, P.S. Saraiya, Distt. Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nawal Kishor Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2015 Heard learned counsel for the petitioner and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfilment of dowry demand.

On instruction, it is submitted by the leaned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to the effect is

Patna High Court Cr.Misc. No.22905 of 2013 (6) dt.09-02-2015 2/3 mentioned in paragraph 7 of the petition, which reads as follows : "7. That the petitioner is a husband of the complainant and he is ready to keep her with full dignity and honour."

On instruction, learned counsel for the complainant submits that complainant got the offer of the petitioner but she had not appeared due to the past conduct of the petitioner. However, learned counsel submits that she shall appear on 23rd of February, 2015 before the learned court below when the petitioner will take the complainant to keep her as wife with full dignity and honour. 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 his 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 Subdivisional Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No.819 (C) of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

Patna High Court Cr.Misc. No.22905 of 2013 (6) dt.09-02-2015 3/3 the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court below. (Dinesh Kumar Singh, J) PNM U T