Premchand Pal @ Binod Pal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19829 of 2016 Arising Out of PS.Case No. -2668 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Premchand Pal @ Binod Pal Son of Jainarayan Pal, Resident of Village - Mahani Post Office - Semariya Police Station - Kateya District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Soni Devi, Wife of Premchand Pal @ Binod Pal, Daughter of Sukhari Pal, Resident of Village - Mahani Post Office - Semariya Police Station - Kateya District - Gopalganj at present resident of village - Gabuwa Mathiya Post Office - Babu Laxmipur Police Station - Patherwa, District - Kushinagar.

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 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. The relevant portion of which reads as follows:-

Patna High Court Cr.Misc. No.19829 of 2016 (2) dt.03-05-2016 2/2 "..............petitioner being a husband is ready to keep the complainant as wife with full dignity."

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 one year 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, Gopalganj in connection with Complaint Case No. 2668 of 2013, Trial No. 3711 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 one year (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