Navin Kumar Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13022 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -MAHILA PS District- DARBHANGA ======================================================
1. Navin Kumar Choudhary, Son of Late Ram Chandra Choudhary, presently resident of Mohalla P.W.D. Sub divisional campus, K.M. Tank, P.S.- Laheriasarai, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Aparna Kumari Wife of Sri Navin Kumar Choudhary, daughter of Sri Dhan Prakash Sharma, presently resident of Mohalla- Kathalwari, P. S.- L.N.M.U. Campus, District- Darbhanga.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 498A, 379/34 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the
Patna High Court Cr.Misc. No.13022 of 2016 (2) dt.04-04-2016 informant and he is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para- 11 of the petition which reads as follows:- "That it is asserted here that petitioner is always ready and willing to keep the informant with full honour and dignity. He is ready to resolve the entire disputes with her to maintain matrimonial harmony."
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 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 Sub-Divisional Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case No. 56 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the informant 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 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.13022 of 2016 (2) dt.04-04-2016 issue; and (iii) or if the informant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T