Bimlesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54854 of 2019 Arising Out of PS. Case No.-1564 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Bimlesh Kumar Mishra, Son of Late Ram Naresh Mishra, Resident of Village - Bathnaha, Tole- Chakawa, P.S.- Bathnaha, dist.- Sitamarhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sangama Kumari @ Shilpi W/o Bimlesh Kumar Mishra , D/o Anit Kumar Shahi, Resident of Village - Khopi, P.S.- Runnisaidpur, dist.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Subhodh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the petitioner, complainant 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 IPC and Section 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the complaint petition is to the effect that the marriage of the complainant was performed with the petitioner on 26.01.2014, but subsequent to the marriage, further demand of dowry of Rs.11 lacs and two decimals of land

Patna High Court CR. MISC. No.54854 of 2019(3) dt.04-03-2020 2/3 was made and due to non-fulfillment of the same, the complainant was tortured by all the accused persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner admits his marriage with complainant and he is ready to keep the complainant as a wife with full dignity and honour, a statement to that effect has been made in paragraph no.14 of the petition, which reads as follows:- "That the petitioner is always ready to keep the complaint with love and affection."

It is submitted by the learned counsel for the petitioner that the complainant is ready to accept the offer of the petitioner.

Both sides agree to appear before the learned Court below on 23rd of March, 2020, when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the party, the provisional bail granted to the petitioner vide order dated 03.09.2019 is hereby confirmed.

The provisional bail of the petitioner will be confirmed by the learned Court below in three eventualities, (i) if the matrimonial harmony is substantially restored, or (ii) if the

Patna High Court CR. MISC. No.54854 of 2019(3) dt.04-03-2020 3/3 complainant fails to appear before the learned Court below, or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J.) utkarsh/- U T