Krishna Kumar Singh @ Krishna Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10205 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -KADWA District- KATIHAR ======================================================

1. Krishna Kumar Singh @ Krishna Kumar Son of Binay Kumar Singh, Resident of Laliyahi, P.S. - Sahayak, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kriti Kaushal, wife of Krishna Kr. Singh, D/o Sujit Kr. Singh, Resident of Pahilagarh Senaili, P.S. - Kadwa, District - Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 342, 504, 120B of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and has filed Matrimonial Suit No. 114(A) of 2015 for restitution of conjugal life. The petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is always ready to keep his wife with full dignity and honour

Patna High Court Cr.Misc. No.10205 of 2016 (2) dt.01-03-2016 2/2 of his society who has never ousted his wife/informant from his house"

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Katihar in connection with Kadwa P.S. Case No. 166 of 2015. Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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