Ravindra Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30781 of 2017 Arising Out of PS.Case No. -484 Year- 2016 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Ravindra Yadav Son of Late Sitaram Yadav, Resident of Village- Jhajha, Police Station- Fullidumar, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Khushabu Devi @ Rupam Devi, W/o Ravindra Yadav, R/o VillageJhajha, Police Station- Fullidumar, District- Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in connection with Complaint case No. 484 of 2016 registered for offices punishable under Sections 147, 323, 380, 498(A), 504 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

The prosecution case as lodged by the wife of the petitioner, Khushbu Devi @ Rupam Devi is that due to non fulfillment of demand of dowry, she was tortured and turned out from her matrimonial house after keeping all the belongings and she has a son aged about six years of their wedlock. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.30781 of 2017 (3) dt.12-07-2017 2/3 petitioner that he is innocent and wants to keep his wife with full dignity and honour and that the wife has levelled false allegation against him and that he bears no criminal history. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the stand of the petitioner, let the petitioner above named be released on provisional bail on furnishing bail bonds of Rs. 10,000/- ( Rupees Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Banka in connection with Complaint Case No. 484 of 2016, subject to the condition that the learned Court below will issue notice to the Opposite Party No.2, Khushbu Devi and on her appearance, petitioner will take the informant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner shall 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

Patna High Court Cr.Misc. No.30781 of 2017 (3) dt.12-07-2017 3/3 iii) If the complainant deliberately gets reluctant to reconcile the issue.

(Nilu Agrawal, J) Sudha/- U T