Raj Kumar Singh @ Raju Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21416 of 2015 Arising Out of PS.Case No. -101 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Raj Kumar Singh @ Raju Singh Son of Rajendra Singh resident of village - Ayar Kotha, P.S. Darihat ( Ayar Kotha ), District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar
2. Puja Devi Wife of Raj Kumar Singh @ Raju Singh resident of village - Ayar Kotha, P.S. Darihat ( Ayar Kotha ), District - Rohtas, daughter of Gulabi Singh, resident of village - Pararia, P.S. Nokha, District - Rohtas .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subash Kumar For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands. Marriage between the petitioner and the complainant and birth of a child are admitted facts.
Patna High Court Cr.Misc. No.21416 of 2015 (2) dt.23-06-2015 2/3 On instructions, it is submitted that the petitioner is ready to keep the complainant as wife and child with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 8 of the petition which reads as follows:
"That petitioner is ready to keep his wife (complainant) with full dignity and honour but the complainant victim is not ready to live with the petitioner and in his family."
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Rohtas at Sasaram in connection with Complaint Case No. 101 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 and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and
Patna High Court Cr.Misc. No.21416 of 2015 (2) dt.23-06-2015 3/3 honour.
The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T