Rajesh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33083 of 2015 Arising Out of PS.Case No. -686 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Rajesh Sah Son of Santu Sah resident of village Bhaloni, P.s Dinara,District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chinta Devi wife of Rajesh Sah, daughter of Bhuall Sah resident of village Jalha,P.O.+P.s- Suryapura, District Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code. The basic accusation is of torture.

On instructions, it is submitted that the petitioner admits marriage with the complainant and the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in

Patna High Court Cr.Misc. No.33083 of 2015 (2) dt.11-08-2015 2/3 paragraph no. 10 of the petition which reads as follows: "That the petitioner has all love and affection for O.P. No. 2 and is ready to keep her with all love and human dignity. "

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 SDJM Bikramganj, Rohtas in connection with Complaint Case No. 686 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court

Patna High Court Cr.Misc. No.33083 of 2015 (2) dt.11-08-2015 3/3 below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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