Rakesh Tiwary @ Rakesh Kumar Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1411 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rakesh Tiwary @ Rakesh Kumar Tiwary Son of Sudama Tiwary Resident of Village-Semua pur, P.S.-Dumariyaghat, District-East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Antima Devi Wife of Rakesh Kumar Tiwary,Daughter of Vikarma Tiwary Resident of Village--Chand Pur, P.O.-Bhawani pur, P>S.-Sangram Pur District-East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-04-2017 Both the husband and the wife are present along with their respective counsels in court. The wife has appeared with her two minor children. Both have agreed to live together. In such circumstances, the petitioner is directed to visit Mayake of his wife within a period of two weeks from today and take the wife and both the children with him to keep them with him with all respect and care and surrender with his wife and both children in the court below within a period of two weeks from the date of visiting the Mayake of his wife along with an undertaking that he will keep the wife and two children with full dignity and honour and, in that event, he will be enlarged on provisional bail

Patna High Court Cr.Misc. No.1411 of 2017 (4) dt.18-04-2017 2/3 for a period of six months on its own satisfaction in connection with Dumariyaghat P.S. Case No. 93 of 2016 and the court below will monitor the relationship between the parties by calling both of them in court every month and will try to restore the conjugal relationship between the parties and in the event, the court below succeeds in restoring conjugal relationship between the husband and wife and the wife does not make any complain about physical and mental torture committed by her husband, the court below shall confirm the provisional bail of the petitioner.

It is made clear that in the event the petitioner does not surrender in the court below along with affidavit and his wife and children as ordered above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the petitioner, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner. The wife will also file an undertaking in the court below at the time of surrender of husband that she will live in the Sasural peacefully and will take proper care of her husband and his other family members.

Patna High Court Cr.Misc. No.1411 of 2017 (4) dt.18-04-2017 3/3 filed by the petitioner in accordance with law. It is also made clear that in the event, the husband comes to the Mayake of his wife to take his wife and children, the family members of informant will behave with him properly with full respect and they will not commit any mental and physical torture with him and they will allow the wife to accompany him.

(Sanjay Priya, J) A.K.V./- U T