Raju Rajak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38700 of 2016 Arising Out of PS.Case No. -852 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Raju Rajak, son of Basudev Rajak, resident of village/Muhalla Ghosi, P.S. Ghosi, district Jehanabad .... Petitioner

Versus

1. The State of Bihar

2. Ankita Kumari, wife of Raju Rajak, resident of village/Muhalla Ghosi, P.S. Ghosi, district Jehanabad, at present resident of village/Muhalla New Colony Durga Asthan Road, P.S. East Colony, district Munger .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjiv Kumar Singh, Adv. For the Opposite Parties : Mr. Mukesh Kumar Singh, APP 221 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-09-2016 The petitioner, being the husband of the complainant, apprehending arrest in a case registered under Sections 323, 341, 379, 498A and 504/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand.

The learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 14 of the petition, which reads as follows : "That the petitioner has no interest in other woman, he is ready to keep his wife (complainant) with providing her full care, comfort, dignity and sweet love."

Considering the present stand of the petitioner, above named, be released on provisional anticipatory bail for six

Patna High Court Cr.Misc. No.38700 of 2016 (2) dt.05-09-2016 months 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/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 852C of 2015 to the satisfaction of the Chief Judicial Magistrate, Munger.

Let the learned Court below issue notice to the opposite party no. 2 and on her appearance the petitioner will take the opposite party no. 2 to keep her as wife with full dignity and honour.

The provisional anticipatory 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 opposite party no. 2 fails to appear before the learned Court below or (iii) if the opposite party no. 2 deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) SA/- U √ T √