Rajiv Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11770 of 2016 Arising Out of PS.Case No. -1074 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Rajiv Kumar Singh son of Raghuvansh Singh, Resident of VillageSharma, P.S.- Jalganj, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mausam Singh, Wife of Rajiv Kumar Singh, daughter of Late Prem Singh, resident of Village- Sharma, P.S.- Lalganj, Vaishali, Presently residing at Village Patedhi Khurd, P.S.- Vaishali (O.P.- Belsar), District- Vaishali.

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

For the Petitioner/s : Mr. Rana Ishwar Chandra For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were 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.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 16 of the petition which reads as follows:- "That the petitioner most humbly states that the petitioner is ready to keep the

Patna High Court Cr.Misc. No.11770 of 2016 (2) dt.10-03-2016 2/2 complainant with regard and honour"

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, Vaishali at Hajipur in connection with Complaint Case No. 1074 of 2015. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant 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 complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Shageer/- U T