Prem Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48270 of 2019 Arising Out of PS. Case No.-1391 Year-2016 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== PREM KUMAR VERMA Son of Yogendra Prasad Varma Resident of Village-Sanchi Patti (Sita Chowk), Hajipur, P.S-Hajipur Town, DistrictVaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandni Sinha W/o Prem Kumar Verma, D/o Rajendra Kishore Prasad Mohalla-Chunabhartti, Mithla Flour Mill, P.S-L.N. Mishra University, District-Darbhanga.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niraj Kumar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsels for the parties.
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 section 498A of the IPC. The prosecution case as per the complaint petition is that the marriage of the complainant with the petitioner was performed on 10.3.2004 but subsequent to the marriage, further dowry demand of Rupees Two Lacs was made and due to nonfulfillment of the same, torture was inflicted upon the complainant.
Patna High Court CR. MISC. No.48270 of 2019(2) dt.02-08-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep her as wife with full dignity and honour. Statement to that effect has been made in paragraph 10 of the petition which reads as follows:
"That the petitioner is willing to settle back peacefully with his wife/complainant along with their children with complete dignity and honor."
Learned counsel for the complainant submits that the complainant is apprehensive of the past conduct of the petitioner as he promised earlier also but thereafter made assault. However, the complainant is ready to accept the present offer of the petitioner. Both sides agree to appear before the learned Court below on 18.8.2019 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 be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Darbhanga in
Patna High Court CR. MISC. No.48270 of 2019(2) dt.02-08-2019 3/3 connection with C.R. No. 1391 of 2016 subject to the conditions laid down in Section 438(2) of the Cr.P.C. 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 gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) anil/- U