Ranjeet Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22813 of 2017 Arising Out of PS.Case No. -857 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Ranjeet Paswan Son of Sri Raj Kumar Paswan, Resident of VillageMahisbara Mainapatti, P.S. Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Kumari Wife of Ranjeet Paswan, D/o Ramjatan Paswan, Resident of Village- Mainapatti, P.S. Babubarhi, District- Madhubani. at present Residing at Village- Rampatti (Bishara Tola), P.S.- Rajnagar, DistrictMadhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Jha For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 19-08-2017 Heard learned counsels for the petitioner, complainant-opposite party no. 2 and the State. The petitioner, being the husband of the complainant, is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

The prosecution case is that the marriage of the petitioner and the complainant was performed on 24.04.2013 but subsequently, torture was inflicted for non-fulfillment of further dowry demand. On 25.06.2014, all the accused persons assaulted

Patna High Court Cr.Misc. No.22813 of 2017 (4) dt.19-08-2017 2/3 the complainant, snatched her belongings and ousted her from the matrimonial house.

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 that effect has been made in paragraph 8 of the petition, which reads as follows:- "That it is submitted here that the petitioner is ready to keep the complainant as wife with full of dignity and honour, but it is the complainant who is not ready to live with the petitioner as wife." Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner but she is apprehensive due to the past conduct of the petitioner. Both sides agree to appear before the learned Court below on 11th of September, 2017, when the petitioner will take the complainant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

Patna High Court Cr.Misc. No.22813 of 2017 (4) dt.19-08-2017 3/3 sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Madhubani in connection with C.R. Case No. 857 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony or (ii) if the complainant gets reluctant to reconcile the issue or (iii) if the complainant fails to appear before the learned court. (Dinesh Kumar Singh, J) DKS/- U T