Prakash Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29815 of 2015 Arising Out of PS.Case No. -28776 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Prakash Kumar S/o Raj Nandan Pd. Resident of Mohalla - Mainpura Sidheshwar Nagar, P.S. Patliputra, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Nitu Kumari D/o Shyam Kumar resident of Old Jakkanpur, Near Khartali Mit, P.S. Gardanibagh, District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 24-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. Notices were issued to the complainant on submission of learned counsel for the petitioner that the
Patna High Court Cr.Misc. No.29815 of 2015 (4) dt.24-11-2015 2/3 petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 8 of the petition, which reads as follows:- "That the petitioner is ready and willing to keep the complainant/opposite party no. 2 as his lawful wife and to bestow upon her all love and affection and to keep her with full dignity and honour." The petitioner and the complainant are present in the Court.
Counsel for the complainant submits that the complainant is not ready to accept the offer of the petitioner due to the past conduct of the petitioner.
However, it is submitted by learned counsel for the petitioner that the petitioner is ready to make payment of Rs.1500/- per month from January, 2016 to the complainant by depositing the same in her account by second week of every month.
Counsel for the complainant submits that the offer of the petitioner is acceptable to the complainant and undertakes to submit the bank account number on affidavit before the learned court below within a period of three weeks. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in
Patna High Court Cr.Misc. No.29815 of 2015 (4) dt.24-11-2015 3/3 the event of his 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 Sub-divisional Judicial Magistrate, Patna in connection with Complaint Case No. 28776 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.
Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.
The present order, in no way, will preclude the parties to resolve the issue otherwise.
DKS/ (Dinesh Kumar Singh, J.) U T