Ritesh Kumar @ Ritesh Kumar Soni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27058 of 2016 Arising Out of PS.Case No. -577 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ritesh Kumar @ Ritesh Kumar Soni Son of Shri Lallan Prasad Soni resident of Mohalla- Peonibagh Colony, Ward No. 32, Police Station - Bettiah Town, District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Setu Devi@Setu Kumar Wife of Ritesh Kumar Soni and Daughter of Ranjeet Kumar Raja Resident of Mohalla- Teenlatten Chowk, Bhola Babu Colony Bettiah Police Station Bettiah Town, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition

Patna High Court Cr.Misc. No.27058 of 2016 (2) dt.30-06-2016 2/2 which reads as follows:- "That the petitioner is ready to keep Opposite Party No.2 with him with full respect and dignity." 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 577 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Amrendra/- U T