Shashank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15514 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -AGAMKUAN District- PATNA ====================================================== Shashank Kumar son of Sri Suresh Prasad Srivastava resident of Flat No. 103-A, Ganesh Tower, South of Amarnath Temple, Bhootnath Road, P.S. - Agamkuan, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 29-06-2015 Heard learned counsels for the petitioner, State and the informant.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code. The basic accusation is of torture.

The marriage between the petitioner and the informant having no issue is admitted fact.

Petitioner is ready to keep the informant as wife with full dignity and honour.

Patna High Court Cr.Misc. No.15514 of 2015 (04) dt.29-06-2015 2/3 It is submitted by learned counsel for the informant that the informant could not get leave from the superior officer of the bank where she employed, hence, she could not appear and she is ready to resume the conjugal life and accepts the offer of the petitioner.

It is jointly prayed that the petitioner and the informant will appear before the learned court below on 20th of July, 2015 when the petitioner will take the informant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No. 149 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the

Patna High Court Cr.Misc. No.15514 of 2015 (04) dt.29-06-2015 3/3 issue; and (iii) or if the informant fails to appear before the learned court.

(Dinesh Kumar Singh, J) DKS/- U T