Rishikesh Kumar @ Prince Sonar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7357 of 2016 Arising Out of PS.Case No. -342 Year- 2014 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Rishikesh Kumar @ Prince Sonar son of Chandra Bhushan Prasad, resident of Village-Raja Bazaar, C/o-Awadhesh Sao Near Railway Pool, P.S.+DistJehanabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Labli Devi, wife of Rishikesh Kumar, daughter of Pramod Sao, resident of Mohalla-Rajabazar, (Railway Pul), P.S.+DistrictJehanabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Digvijay Singh For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 3 of the supplementary affidavit which reads as follows:- "That it is stated and

Patna High Court Cr.Misc. No.7357 of 2016 (2) dt.04-04-2016 P2/2 submitted that the petitioner is ready to keep the O.P. No. 2 with full honour and dignity"

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad in connection with Complaint Case No. 342 of 2014.

Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house 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) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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