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Patna High CourtCR. MISC./2387/2016disposed

Rajeev Kumar Ranjan v. State Of Bihar And ANR

2016-01-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2387 of 2016 Arising Out of PS.Case No. -1257 Year- 2013 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================

1. Rajeev Kumar Ranjan Son of Anmol Yadav, Resident of VillageNaulakhi, Police Station- Janki Nagar, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kalpana Kumari W/o Rajiv Kumar Ranjan, Daughter of Narayan Yadav, Resident of Village- Charnaya, Police Station- Chhatapur, District- Supaul. Present Address Madhepura Nagar Parishad, Ward No. 9 Aazad Nagar, Police Station and District Madhepura.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A, 34 of the Indian Penal Code and under section 3⁄4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.

The petitioner admits marriage with the complainant. On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 8 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.2387 of 2016 (2) dt.15-01-2016 2/2 "8. That the petitioner is (Husband) of the complainant and ready to keep her wife with full satisfaction and love." 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 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, Madhepura in connection with Complaint Case No. 1257-C of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional 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 complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue. BKS/- (Dinesh Kumar Singh, J) U T