Police protection granted to the victim in the case of Dowry demand, Torture and Warning of Dire Consequences: High Court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.789619 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 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 ... Opposite Party s For the Petitioner s For the State For the OP No. 2 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH Mr. Surya Narayan Roy Advocate Mr. Gauri Shankar Gupta APP Mr. Amit Kumar Rakesh Advocate 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 Prosecutorfor 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. 19217 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.789619 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 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.789619 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.789619 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 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 with two sureties of the like amount each to the satisfaction of the learned SDJM Vaishali at Hajipur in Complaint Case No. C 19217 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioner that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner that the petitioner shall cooperate with the Court andthe 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.789619 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.789619 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 (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioner was alleged of torture and dowry demand from the opposite party. the court on previous orders directed the petitioner to keep the lady with dignity and security. The contentions were made that the petitioner demanded dowry and warned of dire consequences on such failure. The matter was heard and pre-arrest bail was granted. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Ram Kumar v. The State of Bihar[Criminal Miscellaneous No. 78962 of 2019]. The facts of the case were that the Petitioner was apprehended arrest in connection with Complaint Case, instituted under Sections 498-A/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act, 1961. The petitioner is the husband of the opposite party has been accused of demanding dowry and committing mental and physical torture. The Learned Counsel for Petitioner submitted that as per the previous orders given by the courts in a case, Court had directed to keep the informant with full dignity, honor, and security. The Counsel for the Opposite party submitted that the previous day they communicated about threatening and warning for dire consequences. The Learned Additional Public Prosecutor submitted that he had no other instructions to give to the superintendent to look into the matter and follow the guidelines provided in the previous case hearing. The Court was surprised at such a stand of him. The Hon’ble High Court of Patna held after considering all facts and considerations, allowed the grant of pre-arrest bail. The court added,”… the petitioner shall give an undertaking before the Court that he shall keep the opposite party no. 2 with fully dignity, honor 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 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.” Police protection was also provided to the opposite party.