Ram Niwas Singh @ Ram Niwas Pd. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12825 of 2015 Arising Out of PS.Case No. -1179 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ram Niwas Singh @ Ram Niwas Pd. Son of Sri Ram Bahadur Singh resident of village- Baliyari , P.O. Singharakopa . P.S. Bikram , DistPatna. .... .... Petitioner

Versus

1. The State of Bihar

2. Gyanti Kumari Daughter of Baijnath verma and wife of Ram Niwas Singh@ Ram Prasad At present resident of kharauna, P,.S. Naubatpur, Dist- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bindeshwar Prasad Singh For the Opposite Parties : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A of the I.P.C and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner always

Patna High Court Cr.Misc. No.12825 of 2015 (2) dt.26-03-2015 2/2 ready to keep the complainant with him with full honour and dignity but she do not want to live with the petitioner."

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, 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, Danapur, Patna in connection with Complaint Case No. 1179C of 2012.

Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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