Manoranjan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43762 of 2014 Arising Out of PS.Case No. -1213 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Manoranjan Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323 and 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand. The petitioner admits his marriage with the complainant in the year 2005.

The matter was referred to the Mediation Centre vide order dated 16.04.2015. The report of the mediator dated 09.07.2015 reflects that though, the petitioner is ready to keep the complainant as wife with full dignity and honour but the

Patna High Court Cr.Misc. No.43762 of 2014 (4) dt.10-09-2015 2/3 complainant is not ready to accept the offer of the petitioner. Moreover, the complainant failed to appear on two subsequently dates before the Mediation Centre. It is submitted by learned counsel for the petitioner that the petitioner is still ready to keep the complainant as wife with full dignity and honour, but the learned counsel for the complainant submits that the complainant is only inclined to take the maintenance amount as directed by learned court below in Maintenance Case No. 110 of 2013.

Learned counsel for the petitioner further submits that the petitioner has challenged the ex-parte order of maintenance.

Considering the stand of the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, East Muzaffarpur in connection with Complaint Case No. 1213 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioner will be accepted on payment of up-to-date maintenance as directed by concerned

Patna High Court Cr.Misc. No.43762 of 2014 (4) dt.10-09-2015 3/3 court in Maintenance Case No. 110 of 2013.

The said payment will be subject to any order being passed in matrimonial or maintenance proceeding. (Dinesh Kumar Singh, J) Amrendra/- U T