Sujit Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13743 of 2016 Arising Out of PS.Case No. -1609 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================
1. Sujit Paswan, Son of Ritilal Paswan, R/o Village- Jajuar, P.S.- Katra, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bharti Kumari, Wife of Sujit Paswan, D/o Ramsagar Paswan, at present R/o Village- Choumukh, P.S.- Bochahan, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2017 Heard learned counsels for the petitioner, complainant and the State.
The petitioner being husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
This court, vide order dated 29.3.2016, issued notice to the complainant on the submission of learned counsel for the petitioner that the petitioner is ready to keep
2/4 the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 13 of the petition which reads as follows:
"That, the petitioner is still ready to take back his wife with children with full love, care, Honour & dignity." It is submitted by the learned counsel for the petitioner that the complainant is residing with the petitioner. Learned counsel for the complainant does not controvert the contention of learned counsel for the petitioner. The terms of agreement have been stipulated in paragraph no.2 of the joint compromise petition which reads as follows:
"2. That both parties have agreed to resolve their disputes on the following terms:
(a) That the petitioner and the opposite party no. 2 will live together in the same house with full love and affection.
(b) That the petitioner, in future, will neither torture the opp. Party no.2 physically or mentally nor in any manner cause harassment to this wife (opp. Party no.2).
(c) That the petitioner has agreed to maintain his wife (opp. Party no.2) as well as his
3/4 daughter and son already born with the bed lock of the opp. Party no.2.
(d) That the opp. Party no. 2 has agreed to move before the trial court in Complaint Case No.109/2014, Trial No.99/2015 instituted U/s 498A I.P.C. for disposal of the said case in term sof the compromise entered by her ion this Hon'ble Court in the present case."
Hence, learned counsel for the complainant is not opposing the prayer of the petitioner for anticipatory bail.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Muzaffarpur in connection with Complaint Case No. 1609 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Either party will be at liberty to file
4/4 appropriate application before the learned court below in case of breach of the terms of agreement arrived at between the parties.
(Dinesh Kumar Singh, J) Anil/- U T