Binod Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10920 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -LAUKHI District- MADHUBANI ======================================================

1. Binod Sah Son of late Janak Sah Resident of Village- Kariyout, PS Laukahi District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Punam Devi D/o Raja Ram Sah R/o sobranpatti PS Barasain Distt Saptari Nepal.

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506, 498A 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 is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 13 of the petition which reads as follows:- "That the petitioner is ready to keep his wife with full honour and dignity" It appears from the impugned order that statement was made before learned Court below that petitioner

Patna High Court Cr.Misc. No.10920 of 2016 (2) dt.04-03-2016 2/3 is ready to keep the informant as wife with full dignity and honour but during argument a contrary statement was made which reads as follows:- "During the course of argument, it comes in picture that petitioner is not ready to bring his wife from her parental house though contrary to it, in bail petition, it has been mentioned that the petitioner is ready to keep his wife"

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 Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 91 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

Patna High Court Cr.Misc. No.10920 of 2016 (2) dt.04-03-2016 3/3 to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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