Patna High CourtCR. MISC./44036/2013bail granted

Amar Nath Das v. State Of Bihar And ANR

2015-04-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44036 of 2013 Arising Out of PS.Case No. -969 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Amar Nath Das S/O Yugul Das R/O - Phulwaria, P.S. - Phulwaria, Dist. - Begusarai .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Chandani Kumari @ Kumari Gita D/O - Bimal Das R/O - Village - Nagdah, P.S. - Begusarai Muffasil, District - Begusarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 Heard learned counsel for the petitioner and the State.

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 Sections 498A, 379/34, 323 of the Indian Penal Code. The basic accusation is of torture.

Notices were issued to the opposite party no. 2 vide order dated 28.10.2013 and the same was treated to be deemed valid service on 22.01.2015, but none is appearing on behalf of opposite party no. 2.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.44036 of 2013 (6) dt.02-04-2015 petitioner that petitioner has filed Matrimonial Suit No. 120 of 2011 for restitution of conjugal life at earlier point of time. Considering the above fact, let the provisional bail granted to the petitioner vide order dated 28.10.2013 is hereby confirmed in connection with Complaint Case no. 969C of 2012, pending in the Court of learned Sub-Divisional Judicial Magistrate, Begusarai.

If the complainant filed any application for resuming the conjugal life, the same shall be considered by the learned court below.

(Dinesh Kumar Singh, J) P.K./- U T