Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45483 of 2023 Arising Out of PS. Case No.-77 Year-2021 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Ravi Kumar S/O Dinanath Singh R/O Village- Bagobigha, P.O. Silauja, P.S. Belaganj, Distt. Gaya ... ... Petitioner

Versus

1.

The State of Bihar 2.

Niru Kumari W/O Ravi Kumar R/O Village- Bagobigha, P.O.- Silauja, PS. Belaganj, Distt. Gaya, D/O Ashok Ram, R/O Village- Namna, PS. And Dist. Jehanabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Mirtyunjay Kumar Mishra, Advocate For the State :

Mr. Anil Kumar, Advocate For the O.P. No. 2 :

Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned counsel for the O.P. No. 2 as also learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Jehanabad Complaint Case No. 77 of 2021 registered for the offences punishable under Sections 323, 341, 379, 498(A), 504, 506 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner has no criminal antecedent.

3. As per the prosecution story, the petitioner got married with O.P. No. 2 on 23.04.2017 and after marriage, the petitioner and his family members tortured her for nonfulfillment of demand of dowry and ousted her from his

Patna High Court CR. MISC. No.45483 of 2023(2) dt.19-08-2023 2/3 matrimonial house seizing all her belongings and ornaments.

4. Learned counsel for the petitioner submits that the petitioner is ready to keep O.P. No. 2 as his legally wedded wife with full dignity and care.

5. Learned counsel for the complainant-O.P. No. 2 submits that the complainant is ready to live with her husband i.e. the petitioner, provided he keeps her with full dignity and care.

6. Learned counsel for the petitioner, at this stage, submits that he will visit the parental house of O.P. No. 2 within a period of two weeks from today and shall bring her back to his matrimonial home where he will keep her with full dignity and care.

7. Having regard to the stand taken by both the sides that they are ready to live together and for that purpose, the petitioner is ready to visit the parental house of the O.P. No. 2 within a period of two weeks from today, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Jehanabad Complaint Case No. 77 of 2021 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad,

Patna High Court CR. MISC. No.45483 of 2023(2) dt.19-08-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. And further condition that in terms of his own statements made before this Court, the petitioner shall visit the place of the complainant within a period of two weeks from today and shall bring her back to his matrimonial home where he will keep her with full dignity and care. Breach of this condition on the part of the petitioner shall invite action towards cancellation of bail bond of the petitioner.

10. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T