Anjani Kishore v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36720 of 2015 Arising Out of Complaint Case No. -1305 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ====================================================== Anjani Kishore, Son of Sri Satish Chandra Prasad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kanchan Devi W/o Anjani Kishore, Son of Sri Satish Chandra Prasad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code. The basic accusation is of torture.

The marriage between the petitioner and the complainant is admitted.

Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. a statement to that effect has been made in para 13 of the petition which reads as follows:- "13. That the petitioner is ready to keep the complainant with all cares, love and affection."

It is further submitted that similar was the stand of the

Patna High Court Cr.Misc. No.36720 of 2015 (2) dt.27-08-2015 2/2 petitioner before the learned court below.

On instruction, learned counsel for the complainant submits that the complainant accepts the offer of the petitioner. 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Rosera, Samastipur in connection with Complaint Case No.1305 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides undertake to appear before the learned court below on 1st October 2015 when 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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