Ajit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43851 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================
1. Ajit Kumar Son of Late Rajee Mandal @ Rajeev Mandal Resident of Village- Parsa (Madhya Tola), P.S.- Hathouri, District- Samastipur (Bihar) .... .... Petitioner
Versus
1. The State of Bihar
2. Reena Kumari Wife of Ajit Kumar At present residing at Daughter of Satrughan Mandal, Village- Sihuli, P.S.- Khanpur, District- Samastipur (Bihar) .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Dharmendra Jha For the Opposite Parties : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2015 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 323, 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. The notices were issued to O.P. No. 2 the complainant vide order dated 15.12.2014 on submission of learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition
Patna High Court Cr.Misc. No.43851 of 2014 (7) dt.27-04-2015 2/3 which reads as follows:- "That the petitioner is husband of the complainant and ready to settle the matrimonial dispute with the complainant."
Learned counsel for the complainant submits that complainant is ready to accept the offer of the petitioner.
The marriage between the petitioner and the complainant and birth of a male child are admitted facts. Both sides agree to appear before learned Court below on 11th of May, 2015 when the petitioner will take the complainant to her matrimonial house to keep her with full dignity and honour.
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 Additional Chief Judicial Magistrate, Rosera in connection with Complaint Case No. 62 of 2014. 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
Patna High Court Cr.Misc. No.43851 of 2014 (7) dt.27-04-2015 3/3 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T