Raman Kumar Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10500 of 2016 Arising Out of PS.Case No. -426 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================
1. Raman Kumar Mishra, son of Late Kant Lal Mishra, resident of VillageGapalpur, P.S- Kamtaul, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Vinita Kumari Mishra, wife of Raman Kumar Mishra, D/o Late , Krishna Chandan Jha, resident of Village- Karjapati, P.S.- Kamtaul, District- Darbhanga.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2016 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 Sections 498A of the Indian Penal Code and Section 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 that petitioner admits his marriage with the complainant. It is further submitted that though Matrimonial Suit No. 90 of 2015 has been filed with a prayer for divorce but now the petitioner is ready to keep the complainant as wife
Patna High Court Cr.Misc. No.10500 of 2016 (4) dt.11-08-2016 2/2 with full dignity and honour. Though statement to that effect has not been made in the petition.
It is submitted by learned counsel for the complainant that complainant is ready to accept the offer of the petitioner.
Both sides agree to appear before learned Court below on 18th of August, 2016, when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
Considering the present stand of the parties, 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 Sub-Divisional Judicial Magistrate, Darbhanga in connection with Complaint Case No. 426 of 2015. 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