Raj Mohan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55557 of 2015 Arising Out of PS.Case No. -15 Year- 2013 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================
1. Raj Mohan S/o- Vijay Sahni, Vill.- Berua, P.S.- Gayghat, Dist.- Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kanchan Devi W/o- Raj Mohan, D/o- Late Lal Sahni, Moh.- Ajamnagar, P.S.- Wiswavidyalay, District- Darbhanga .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Kr.Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsels for the petitioner, informant and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered under Sections 341,342,323,498A and 379/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
The petitioner admits his marriage with the
Patna High Court Cr.Misc. No.55557 of 2015 (2) dt.08-12-2015 2/3 informant. On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph 10 of the petition which reads as follows:
"That the petitioner is always ready to keep the informant (wife) with full dignity and honour." 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with LNMU P.S. Case No. 15 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
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 informant fails to appear before the learned
Patna High Court Cr.Misc. No.55557 of 2015 (2) dt.08-12-2015 3/3 court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T