Patna High CourtCR. MISC./44195/2023bail granted

Ravi Kumar v. The State Of Bihar

2023-08-04Mr. Justice Rajeev Ranjan Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44195 of 2023 Arising Out of PS. Case No.-5235 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ravi Kumar Son Of Sri Kapileshwar Lall Resident Of Village- House No 16, Kiswaipuri, Po And P.S- Buddha Colony, Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Chitra Sinha Wife Of Ravi Kumar Resident Of Village- Dr. Narayan Prasad Lane, Opposite Parvati Niwas, Po- Mahendru Ps- Sultanganj, Distt- Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Piyush Saurav, Advocate For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner, learned counsel for the complainant- O.P. No. 2 and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Complaint Case No.- 5235(C) of 2022 registered for the offences punishable under Section 498-A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the complainant got married to the petitioner on 09.12.2020 as per Hindu rites and rituals. It is alleged that the petitioner harassed and tortured the complainant after marriage and that when she

2/4 wanted to live with the petitioner at the workplace, she was opposed by her in-laws.

4. Learned counsel for the petitioner as well as learned counsel for the complainant have made joint statement before this Court that the petitioner and the complainant are ready to live together and lead their conjugal life without any complaint against each other.

5. Learned counsel for the complainant has though made a submission that the petitioner be directed to take the complainant with him and keep her with full dignity and care. Learned counsel for the petitioner has come out with a plea that the petitioner is always ready and looking to live with the complainant as husband and wife and keep her with full dignity and care.

6. Learned counsel for the petitioner submits that he is instructed to say that within four weeks from today the petitioner shall visit the residential house of the parents of the complainant where the complainant is presently residing to take her and thereafter he will be living with the complainant at his workplace. Learned counsel for the petitioner submits that the petitioner will take full care of his wife.

7. Learned APP for the State has opposed the prayer

3/4 for anticipatory bail of the petitioner.

8. Having regard to the facts mentioned and the submissions on behalf of the parties, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be enlarged on bail in connection with Complaint Case No.- 5235(C) of 2022 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 S.D.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition that in terms of his own comments and submissions made before this Court, the petitioner shall visit the residential house of the parents of the complainant and shall take the complainant back to his workplace and will reside with her as husband and wife. In case of failure of the petitioner to abide by his promise, the learned court below shall take appropriate steps for cancellation of bail of the petitioner.

9. 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

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

10. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T