Ravi Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8531 of 2017 (6) dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8531 of 2017 Arising Out of PS.Case No. -1965 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Ravi Kumar, son of Ram Birat Das, resident of village- Gausnagar, P.S. Gaighat, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Kumari, wife of Ravi Kumar, resident of village- Gausnagar, P.S.- Gaighat, District- Muzaffarpur, daughter of Virpat Das. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh, Advocate. For the Opposite Party/s : Mr. Sri Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tr. No. 2394 of 2016 arising out of Complaint Case No. 1965 of 2015, registered under Section 498A/34 of the Indian Penal Code. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry. Learned counsel for the petitioner submits that the dispute in between the petitioner and the complainant-opposite party no. 2, who are husband and wife, has been settled in one time out of the court and accordingly the petitioner will pay

Patna High Court Cr.Misc. No.8531 of 2017 (6) dt.31-07-2017 Rs.1,20,000/- to the complainant-opposite party no. 2 in three installments and both parties will live separate and withdraw the case in terms of compromise.

Learned counsel for the opposite party no. 2 submits that the dispute in between the petitioner and the opposite party no. 2 has been settled and accordingly petitioner will pay Rs.1,20,000/- to the complainant-opposite party no. 2 in three installments but not a single installment has been paid. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the Judicial Magistrate Ist Class, Muzaffarpur, in connection with Complaint Case No. 1965 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T