Patna High Court
Ram Kumar @ Ram Kumar Giri vs The State Of Bihar on 22 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78962 of 2019
Arising Out of PS. Case No.-1926 Year-2017 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Ram Kumar @ Ram Kumar Giri, aged about 36 years, Male, son of
Muneshwar Giri, resident of village - Jogia Math, P.S.- Samastipur Muffasil,
Distt - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Archana Kumari, aged about 30 years, Female, daughter of Ram Nihora
Puri, resident of village - Mahathi, Dharmchand, P.S.- Tisiauta, Distt
-Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the State : Mr. Gauri Shankar Gupta, APP
For the OP No. 2 : Mr. Amit Kumar Rakesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-06-2021
The matter has been heard via video conferencing.
2. Heard Mr. Surya Narayan Roy, learned counsel for
the petitioner; Mr. Gauri Shankar Gupta, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State and Mr. Amit Kumar Rakesh, learned counsel for the
opposite party no. 2.
3. The petitioner apprehends arrest in connection with
Complaint Case No. 1926 of 2017 dated 02.08.2017, instituted
under Sections 498-A/34 of the Indian Penal Code and 4 of the
Dowry Prohibition Act, 1961.
Patna High Court CR. MISC. No.78962 of 2019 dt.22-06-2021
4. The petitioner, who is the husband of the opposite
party no. 2, along with other family members, is accused of
demanding dowry and committing mental and physical torture
to her.
5. Learned counsel for the petitioner submitted that
pursuant to the earlier orders, the opposite party no. 2 is now
living in the matrimonial home with him for over six months. It
was submitted that earlier the Court had directed the petitioner
to keep the opposite party no. 2 with full dignity, honour and
security and to take care of all her needs, which he is doing. It
was submitted that the opposite party no. 2 has not made any
complaint before any authority that she is not being treated
properly.
6. Learned APP submitted that the allegation is of
demand of rupees five lakhs as dowry.
7. Learned counsel for the opposite party no. 2
submitted that as per his telephonic instructions yesterday, the
opposite party no. 2 has communicated that the attitude of the
petitioner and his family members has not changed and that the
petitioner is also threatening her with dire consequences.
8. At this juncture, when the Court put a query to
learned counsel for the opposite party no. 2 as to how such stand
Patna High Court CR. MISC. No.78962 of 2019 dt.22-06-2021
has been taken when the Court in its order dated 09.02.2021 had
directed the Superintendent of Police, Samastipur, to instruct a
senior lady Police Officer of the local Police Station to visit the
house of the petitioner and provide her mobile contact number
to the opposite party no. 2, who was given liberty to call her in
case of any emergency and the Superintendent of Police,
Samastipur, was required to direct the concerned Police Station
and the lady Police Officer to promptly respond to any such call
by the opposite party no. 2; whether in terms thereof she has
made any complaint, either to the Superintendent of Police,
Samastipur or the local Police Station or to the concerned lady
Police Officer, learned counsel submitted that no such complaint
has been made. The Court is surprised at such stand taken
before the Court on behalf of the opposite party no. 2 when
already adequate protection and mechanism has been provided
by the Court for protection of the opposite party no. 2 in order
dated 09.02.2021.
9. Again, on a further query of the Court to learned
counsel for the opposite party no. 2 to take a categorical stand in
the present matter, he submitted that the opposite party no. 2 has
expressed her desire to live in the matrimonial home.
10. At this juncture, when the Court called upon the
Patna High Court CR. MISC. No.78962 of 2019 dt.22-06-2021
learned APP to inform as to whether the directions to the
Superintendent of Police, Samastipur, in order dated 09.02.2021,
have been complied with, learned APP submitted that he has no
instructions.
11. The Court is surprised at such stand of learned
APP. However, be that as it may, having considered the matter
in totality, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs. 25,000/- (twenty five
thousand) with two sureties of the like amount each to the
satisfaction of the learned SDJM, Vaishali at Hajipur, in
Complaint Case No. C-1926 of 2017, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 and further (i) that one of the bailors shall be a close
relative of the petitioner, (ii) that the petitioner and the bailors
shall execute bond with regard to good behaviour of the
petitioner, (iii) that the petitioner shall cooperate with the Court,
and (iv) the petitioner shall give an undertaking before the Court
that he shall keep the opposite party no. 2 with fully dignity,
honour and security and shall take care of all her needs and that
she would be free to talk and to and meet anybody she desires,
without any let or hindrance, either from the petitioner or his
Patna High Court CR. MISC. No.78962 of 2019 dt.22-06-2021
family members. Any violation of the terms and conditions of
the bonds or undertaking and failure to cooperate shall lead to
cancellation of his bail bonds.
12. It shall be open for the opposite party no. 2 or her
guardian to bring to the notice of the Court concerned any
violation of the terms and conditions or the undertaking or
otherwise if she feels harassed or threatened in any manner. If
such a petition is filed, the Court below shall immediately take
up and consider the matter and pass appropriate orders, after
hearing the petitioner.
13. Further, the direction issued to the Superintendent
of Police, Samastipur, in order dated 09.02.2021 at paragraph
no. 6 is reiterated. He shall instruct a senior lady Police Officer
of the local Police Station to visit the house of the petitioner and
provide her mobile contact number to the opposite party no. 2,
who will be at liberty to call her in case of any emergency. The
Superintendent of Police, shall direct the concerned Police
Station and the lady Police Officer to promptly respond to any
such call by the opposite party no. 2.
14. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioner, to the notice of the Court concerned, which shall take
Patna High Court CR. MISC. No.78962 of 2019 dt.22-06-2021
immediate action on the same after giving opportunity of
hearing to the petitioner.
15. Registry shall communicate the order to the
Superintendent of Police, Samastipur, who shall act in terms of
the directions issued immediately.
16. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
