Tuesday, August 13, 2013

PATNA HC AB to husband after he "is ready to keep wife with full dignity & honour"! Is this a tactic or ?


PATNA HC AB to husband after he "is ready to keep wife with full dignity & honour"! Is this a tactic or ?


notes
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* marriage seven years ago
* two kids out of wedlock 
"....The contention on behalf of the petitioner is that petitioner is still ready to keep the complainant with full honour and dignity and to resolve his dispute with the complainant. Learned counsel for opposite party no. 2 submits that opposite party no. 2(complainant) is ready to lead her conjugal life with the petitioner......."

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM PATNA HC WEB SITE 
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Patna High Court Cr.Misc. No.19740 of 2013 (3) dt.01-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19740 of 2013
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1. Raj Kumar Singh @ Raj Kumar Mahto Son Of Gauri Shankar Mahto  **** **** Petitioner/s

Versus

1. The State Of Bihar 
2. Ranju Devi Wife Of Raj Kumar Singh @ Rajkumar Mahto  **** **** Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

ORAL ORDER

01-08-2013 

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the opposite party no. 2. 

Petitioner being husband of opposite party no. 2 apprehends his arrest in connection with Complaint Case No. 794 of 2012 in which cognizance has been taken for the offences punishable under Sections 498 A of the Indian Penal Code and ¾ of Dowry Prohibition Act.

The marriage of petitioner was solemnized with complainant (opposite party no. 2) seven years ago and complainant gave birth to two children out of the aforesaid wedlock but it appears that subsequently the relation of the petitioner and complainant became strained resulting filing of the present case.

The contention on behalf of the petitioner is that petitioner is still ready to keep the complainant with full honour and dignity and to resolve his dispute with the complainant. Learned counsel for opposite party no. 2 submits that opposite party no. 2(complainant) is ready to lead her conjugal life with the petitioner.

In view of the aforesaid submission as well as facts and circumstances of the case, this anticipatory bail petition stands disposed off with direction to petitioner to surrender before the court below within four weeks from the date of receipt of this order to the concerned court and if he does so and seeks regular bail, the learned court below shall release the petitioner on provisional bail for the period of four months on the day of his surrender on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Samastipur in Complaint Case No. 794 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C. and after being released the petitioner on provisional bail for the period of four months, the learned court below shall issue notices to the opposite party no. 2(complainant) as well as petitioner fixing a date for reconciliation and shall explore the possibilities of reconciliation. It is made clear that if the learned court below succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself but if learned court below fails in his attempt due to non-cooperative and rigid approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed. It goes without saying that if the learned court below fails in his attempt due to rigid and non cooperative approach of the opposite party no. 2(complainant), the provisional bail granted to the petitioner shall be confirmed by the learned court below itself. It is made clear that aforesaid reconciliation proceeding must be completed within the above stated period of four months. Let this order be communicated to the court of Sub Divisional Judicial Magistrate, Samastipur in connection with above stated case through fax at the cost of the petitioner.


(Hemant Kumar Srivastava, J)



SHAHZAD/-




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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist