Sunil Kumar @ Sunil Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51714 of 2014 Arising Out of PS.Case No. -3222 Year- 2011 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Sunil Kumar @ Sunil Sharma Son of Sri Krishna Sharma Resident of Village-Tajpur,P.S-Manjhi,District-Saran at Chapra,at present MohallaKosabari,P.S-Niharika,Distt.-Kobra,State-Chhatisgarh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sandhya Devi Wife of Sunil Kumar,D/O;Ganesh Sharma Resident of Village-Naini,P.S-Chapra Muffasil,District-Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-02-2015 None appears for opposite party no. 2.

However, counsel for the petitioner and the State are present. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

Patna High Court Cr.Misc. No.51714 of 2014 (03) dt.27-02-2015 2/3 The petitioner is present, who is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para 11 of the petition, which reads as follows:- "That the petitioner is always ready to keep the complainant with all dignity and honour." 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 3222 of 2011, subject to the conditions as laid down under Section 438(2) of the 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 gets reluctant to reconcile the

Patna High Court Cr.Misc. No.51714 of 2014 (03) dt.27-02-2015 3/3 issue; and (iii) or if the complainant fails to appear before the learned court.

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