Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67182 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ranjit Kumar, Aged about 28 years, Male, S/o Ram Bhagwan Rai, R/o village Hanumanganj, Post Chandmari, P.S. Shahpur, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Usha Devi, Aged about 26 years, Female, W/o Ranjit Kumar, D/o Ram Pravesh Rai, At presently residing at Village Milkipar, Post Kamla Gopalpur, P.S. Bihta, District Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the State :

Mr. Pramod Kumar Pandey, APP For O.P. No.2 :

Mr. Navin Kumar, Advocate Mr. Rakesh Kumar Jha, Advocate Mr. Manoj Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-10-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.108(C) of 2019 for the offences punishable under Sections 498A and 494 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

The complainant alleged that after her marriage with the petitioner in the year 2012, the complainant lived happily with her husband but thereafter her husband secretly solemnized second marriage in the year 2015 and thereafter subjected the complainant to all sorts of torture.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.67182 of 2019(2) dt.25-10-2019 2/3 petitioner is ready to keep his wife. The petitioner has not solemnized the second marriage.

Learned counsel for the complainant submits that the wife is also ready to live with her husband. In the court below, the petitioner filed petition to take his wife from the court and subsequently the petitioner also took his wife, the complainant, to his house but dropped her on way and fled away. It is submitted that the complainant is also willing to restore her conjugal relation provided her husband keeps her properly and with all honour and dignity.

It appears from submissions of both sides that the husband and the wife are willing to restore their conjugal relations after sinking their differences.

Having considered that the husband and the wife are willing to restore their conjugal relation, the petitioner is directed to surrender in the court below within four weeks from the date of receipt of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Complaint Case No.108(C) of 2019, subject to

Patna High Court CR. MISC. No.67182 of 2019(2) dt.25-10-2019 3/3 the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Thereafter the learned court below shall make efforts for resolution of the dispute between husband and wife. If the petitioner keeps his wife and her two children with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife without any fault of the wife, the learned court below shall dispose of the provisional bail of the petitioner in accordance with law immediately after lapse of four months. (Prabhat Kumar Jha, J) S.KUMAR/- U T