Randhir Chaudhary @ Sonu Chaudhary @ Sonu Bhai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36092 of 2014 Arising Out of PS.Case No. -258 Year- 2012 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Randhir Chaudhary @ Sonu Chaudhary @ Sonu Bhai, son of late Chandra Shekhar Chaudhary .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has 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.

The marriage between the petitioner and the complainant and birth of two female children are admitted facts. Learned counsel for the petitioner submits that notices were issued to opposite party no.2 but none is appearing on behalf of opposite party no.2. However, the petitioner is ready to keep the complainant as wife with full dignity and honour. Though statement to that effect has not been made in the petition. Learned counsel for the complainant submits that the

Patna High Court Cr.Misc. No.36092 of 2014 (6) dt.22-06-2015 2/2 complainant accepts the offer of the petitioner. 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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Munger in Complaint Case No.258C of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. 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 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ashwini/- U T