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Patna High CourtCR. MISC./22395/2015disposed

Karu Ram v. State Of Bihar And ANR

2015-07-06Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22395 of 2015 Arising Out of PS.Case No. -552 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Karu Ram Son of Chandirak Ram resident of village - Mahkar, P.S. Chandi, Distt. - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Minti Devi Wife of Karu Ram, D/o Akhilesh Nonia resident of village - Dayalpur, P.S. Chandi, Distt. - Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity

Patna High Court Cr.Misc. No.22395 of 2015 (2) dt.06-07-2015 2/3 and honour. Statement to the aforesaid effect has been made in paragraph no. 9 of the petition which reads as follows:

"That petitioner is husband and ready to keep the complainant as a wife with dignity."

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 JM Ist Class, Hilsa, Nalanda in connection with Complaint Case No. 552C of 2014 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)

Patna High Court Cr.Misc. No.22395 of 2015 (2) dt.06-07-2015 3/3 if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Anil/- U T