Bhogendra Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11566 of 2016 Arising Out of PS.Case No. -975 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Bhogendra Ram Son of Sukhdeo Ram, resident of Village- Maharail, P.S.- Rudrapur, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Munchun Devi, wife of Bhogendra Ram, resident of Village- Maharail, P.S.- Rudrapur, District- Madhubani. at present Manchun Devi, D/o Nand Ram, Resident of Village- Pirahi, P.S.- Babubarahi, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13, Adv. For the Opposite Party/s : Mr. Shyam Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code. The accusation is of torture for non-fulfilment of the dowry demand.

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. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner is ready to keep the

Patna High Court Cr.Misc. No.11566 of 2016 (2) dt.09-03-2016 2/2 complainant with full dignity and honour."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Madhubani in connection with Complaint Case No. 975 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 for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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