Abhitej Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33671 of 2015 Arising Out of PS.Case No. -299 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abhitej Kumar son of Mukesh Singh, Resident of Village- Saroopa, Police Station- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Kumari wife of Abhitej Kumar, D/o Umesh Singh, R/o VillageParsauna Madan, P.S.- Ramgarhwa, Distt.- East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498(A), 420 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits the marriage with the complainant and petitioner has filed a matrimonial case No. 218 of 2014 for

Patna High Court Cr.Misc. No.33671 of 2015 (2) dt.13-08-2015 2/3 restitution of conjugal life. The petitioner is still ready to keep the complainant as wife with full dignity and honolur. Statement to this effect has been made in paragraph no. 8 of the petitioner which reads as follows:- "That the petitioner is still ready to keep the complainant/opposite party no.2 with full honour and 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 his arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bonds of Rs. 10,000/ (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M, Sikarhana, East Champaran at Motihari in Complaint Case No. 299 of 2014, , subject to the conditions as laid down under section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities: (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant get reluctant to reconcile the

Patna High Court Cr.Misc. No.33671 of 2015 (2) dt.13-08-2015 3/3 issue, and 9iii) or if the complainant fails to appear before the learned court below.

(Dinesh Kumar Singh, J) M.Rahman/- U T