Akhilesh Kumar Mehra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1334 of 2016 Arising Out of PS.Case No. -207 Year- 2015 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Akhilesh Kumar Mehra son of Kaushal Kishore Mehara, resident of Village- Bhagalpur, P.S.- Dhoraiya, Dist- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Renu Kumari W/o Akhilesh Kumar Mehra, D/o Mahadeo Ravidas, resident of Ratanpur, P.S.- Gidhaur, Dist- Jamui. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Adv For the Opposite Party/s : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 504 of the Indian Penal Code.

The accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.1334 of 2016 (2) dt.11-01-2016 "..........That the petitioner is still ready to keep his wife(complainant) with full honour and dignity........"

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Jamui in connection with Complaint Case No. 207C of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ranjan/- U