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Patna High CourtCR. MISC./13168/2015disposed

Dharmendra Lal Deo @ Dharmendra Kumar Deo v. The State Of Bihar

2015-03-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13168 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -BIRPUR District- SUPAUL ====================================================== Dharmendra Lal Deo @ Dharmendra Kumar Deo Son of Sri Sadanand Lal Deo .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2015 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/379/504/34 of the Indian Penal Code.

The basic accusation is of torture.

The marriage between the petitioner and the informant is admitted.

Learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. a statement to that effect has been made in para 9 of the petition which reads as follows:- "9. That the petitioner is always ready to keep his wife with honour and undertakes not to do ill behave with her."

Patna High Court Cr.Misc. No.13168 of 2015 (2) dt.31-03-2015 2/2 Learned counsel for the informant submits that the informant accepts the offer of the 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Birpur P.S. Case No.54 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides shall appear before the learned court below on 20th April 2015 when 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 complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ashwini/- U T