Binod Kumar @ Munna v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7470 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Binod Kumar @ Munna son of Rama Shankar Rai .... .... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi, wife of Binod Kumar @ Munna, daughter of Jai Prakash Rai .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code. Basic accusation is of torture and an attempt was made to cause burn injury to the informant.
On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That, it is important to mention here that the
Patna High Court Cr.Misc. No.7470 of 2016 (2) dt.29-02-2016 2/3 petitioner is ready to keep the complainant with honour and respect."
A supplementary affidavit has been filed on behalf of the petitioner wherein it has been submitted that on conclusion of investigation, charge-sheet was submitted on 4.06.2015 when the learned CJM, Sheohar took cognizance against the petitioner under section 498A/34 of the Indian Penal Code. Let the same be kept on record.
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheohar in connection with Tariyani P.S. Case No.7/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant 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 informant fails to
Patna High Court Cr.Misc. No.7470 of 2016 (2) dt.29-02-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Ashwini/- U T