Rajesh Goswami v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55340 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Rajesh Goswami Son of Late Arjun Goswami, Resident of Jharna Saren, P.S. - Neemchak Bathani, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Punam Devi, Wife of Rajesh Goswami, Resident of Jharna Saren, P.S. - Neemchak Bathani, District - Gaya and D/o Mahendra Goswami, at present R/o - Islampur, P.s. - Islampur, District - Nalanda. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 498A and 504 of the Indian Penal Code and Section 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 complainant and is ready to keep the complainant as wife with full dignity and honour. A
Patna High Court Cr.Misc. No.55340 of 2015 (2) dt.07-12-2015 2/3 statement to that effect has been made in para 12 of the petition which reads as follows:- "That.. the petitioner is still ready to keep the complainant (O.P., No.2) as his legally wedded wife with all respect, honour 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 ACJM, Hilsa, Nalanda in connection with Complaint Case No. 100C 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 for her appearance. On her appearance, the petitioner will take the complainant 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 complainant fails to appear before the learned court below or (iii) if the complainant
Patna High Court Cr.Misc. No.55340 of 2015 (2) dt.07-12-2015 3/3 gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T