Umesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32157 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Umesh Kumar Son of Late Arjun Rai resident of village - Jeev Rakhan Tola, Tata Colony, P.S. - Maner, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kiran Devi, D/o Yugal Rai, resident of village - Raydih, P.S. - Bihta, District- Patna.

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 504, 341 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that on instruction, petitioner is ready to keep the informant with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is husband

Patna High Court Cr.Misc. No.32157 of 2015 (2) dt.07-08-2015 2/3 of the informant and ready to keep his wife but she is not ready with live the petitioner"

Learned counsel appearing on behalf of the informant, on instruction submits that informant is ready to accept the offer provided the petitioner stick to his undertaking given before this Court.

The marriage between the petitioner and the informant having six children are admitted facts. Both sides agree to appear before learned Court below on 24th of August, 2015 when the petitioner will take the informant along with children to her matrimonial house to keep her with dignity and honour.

Considering the present stand of the parties, 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Maner P.S. Case No. 49 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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 informant fails to

Patna High Court Cr.Misc. No.32157 of 2015 (2) dt.07-08-2015 3/3 appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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