Rajeev Kumar Lal @ Ravi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41706 of 2015 Arising Out of Complaint Case No. -357 Year- 2014 Thana -SITAMARHI COMPLAINT CASE District- SITAMARHI ====================================================== Rajeev Kumar Lal @ Ravi, son of Ram Saran Lal .... .... Petitioner/s

Versus

1. State of Bihar

2. Menaka Karn, wife of Rajeev Kumar Lal .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2015 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 Section 498A of the Indian Penal Code. The basic accusation is of torture.

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "7. That the petitioner is the husband of the complainant and always ready to keep her with all respect and

Patna High Court Cr.Misc. No.41706 of 2015 (2) dt.02-09-2015 2/3 dignity.."

Learned counsel for the petitioner further submits that similar was the stand of the petitioner before the learned court below when anticipatory bail application of the petitioner was disposed of with a direction to the petitioner to surrender before the learned court below along with the complainant when the learned court below was to pass appropriate order but the complainant thereafter refused to reconcile the issue. 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 SDJM, Pupari at Sitamarhi in connection with Complaint Case No.C-1/357/2014, 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

Patna High Court Cr.Misc. No.41706 of 2015 (2) dt.02-09-2015 3/3 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 gets reluctant to reconcile the issue.

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