Ramagya Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38706 of 2015 Arising Out of PS.Case No. -1835 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================
1. Ramagya Yadav son of Sheo Nath Yadav, Resident of Village- Katwar, P.S.- Raghunathpur, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mina Devi Wife of Ramagya Yadav R/o village- Katwar, P.S.- Raghunathpur District- Siwan, at present D/o Phulena Yadav, R/o Village- Sharai Parauli, P.S.- Bhagwanpur, District-Siwan. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were 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.
On instructions, it is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and ready to keep the complainant as wife with dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is ready to keep the complainant with full dignity and honour............"
Patna High Court Cr.Misc. No.38706 of 2015 (2) dt.27-08-2015 2/2 Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan in connection with Complaint Case No. 1835 of 2013. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T