Megh Nath Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37839 of 2016 Arising Out of PS.Case No. -2312 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Megh Nath Kumar, S/o Late Langtu Sah, resident of village- Banjhula, P.S.- Chakiya, District- East Champaran .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the State.
Petitioner being the husband of the complainant is languishing in custody since 12.07.2016 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 basis accusation is of torture.
It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para-9 of the petition which reads as follows:- "That the petitioner is in jail custody since 12.07.2016 for none of his fault. However, the petitioner again stated
Patna High Court Cr.Misc. No.37839 of 2016 (2) dt.30-08-2016 that he is ready to keep the complainant with full honour and dignity and also undertake to maintain her if so she desire.
The petitioner is poor daily wages earner, law abiding citizen and ready to abide any terms and conditions as laid down by this Hon'ble Court, if released on bail."
Considering the nature of accusation and the present stand of the petitioner, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-14, Motihari, East Champaran in connection with Complaint Case No. 2312 of 2015. (Dinesh Kumar Singh, J) P.K./- U T