Arbind Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4557 of 2016 Arising Out of PS.Case No. -214 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Arbind Thakur Son of Suresh Thakur resident of Village- Chotki Ghoshi, P.S.- Hilsa, Dist- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Hirday Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
On instruction it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in
Patna High Court Cr.Misc. No.4557 of 2016 (2) dt.28-01-2016 2/3 paragraph no. 9 of the petition which reads as follows: " That the petitioner is still ready to keep his wife but she does not want to live with her husband (petitioner)."
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 ACJM, Barh, Patna in connection with Complaint Case No. 214C of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant and 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 the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned
Patna High Court Cr.Misc. No.4557 of 2016 (2) dt.28-01-2016 3/3 court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T