Subodh Raut v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50035 of 2014 Arising Out of PS.Case No. -474 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Subodh Raut S/o Mithilesh Raut Resident of Village - Harinagar, P.S. - Nanpur, District - Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar

2. Asha Devi W/o Subodh Raut Presently residing at Village - Parohi, P.S. - Dumra, District - Sitamarhi .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ashhar Mustafa For the Opposite Parties : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2015 Petitioner being 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 I.P.C.

The basic accusation is of torture.

On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That notwithstanding the accusation, it is made clear that the petitioner has ever been and is still ready to keep and

Patna High Court Cr.Misc. No.50035 of 2014 (2) dt.13-03-2015 2/2 maintain her wife with all honour and dignity" 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, Pupri at Sitamarhi in connection with Complaint Case No. 474 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