Patna High CourtCR. MISC./3986/2023disposed

Rambriksha Pandit v. The State Of Bihar

2024-01-18Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3986 of 2023 Arising Out of PS. Case No.-1704 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Rambriksha Pandit, Son of Late Dasai Pandit, Resident of villagePaigambarpur, P.S.- Keoti, District- Darbhanga. ... ... Petitioner

Versus

The State of Bihar 2.

Anita Devi, Daughter of Dilip Pandit, Resident of village- Hasan Chak, (Makhanahi Pokhar), P.S.- Town, District- Darbhanga ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Das, Advocate For the State :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In view of the stand taken on behalf of the petitioner, this application is being disposed of at this stage.

3. Mr. Akhileshwar Dayal, learned APP for the State is present.

4. The petitioner in this case is seeking pre-arrest bail in connection with Complaint Case No. 1704 of 2019 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. He has no criminal antecedent.

5. As per the prosecution story, the complainant was married to this petitioner on 05.05.2011 as per Hindu rites and

Patna High Court CR. MISC. No.3986 of 2023(3) dt.18-01-2024 2/3 customs and the parents of the complainant had given gifts worth Rs.3,00,000/- in the marriage. From the said wedlock, they have three children also. It is alleged that the petitioner and his family members used to torture the complainant for non-fulfillment of demand of motorcycle and a gold chain and ultimately, due to this reason, she was ousted from her matrimonial house on 17.11.2019.

6. Learned counsel for the petitioner submits that the marriage between the petitioner and the complainant is of the year 2011 and at a much belated stage, this complaint case has been filed in which cognizance has been taken and the petitioner has been summoned.

7. Learned counsel submits that during pendency of this application, with the intervention of the well-wishers, good relationship has been restored between the petitioner and the complainant and presently, the complainant is residing with the petitioner happily.

8. Learned APP for the State submits that in such circumstance where both the parties are residing together, the petitioner may appear in the learned court below and seek regular bail.

9. Having regard to the facts and circumstances of the case, this being a complaint case in which now according to the petitioner, he is living happily with the complainant and good

Patna High Court CR. MISC. No.3986 of 2023(3) dt.18-01-2024 3/3 relationship has been restored, therefore, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above-named shall be released on bail in connection with Complaint Case No. 1704 of 2019 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

10. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

11. And further condition that he would make the complainant to appear before the learned Magistrate and the complainant should accept what has been informed to this Court about restoration of good relationship.

12. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T