Amar Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47841 of 2015 Arising Out of PS.Case No. -213 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Amar Kumar Rai Son of Suresh Kumar Rai Resident of Village : - Pusa Bhairo Tola Mohammadpur Deopur, P.S. : - Pusa, District : - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubi Devi Wife of Amar Kumar Rai Resident of Village : - Pusa Bhairo Tola Mohammadpur Deopur, P.S. : - Pusa, District : - Samastipur. At present - Daughter of Umesh Rai, Resident of Village : - Begampur, P.S. : - Warisnagar, District : - Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 26-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 498A, 379, 312 and 120Bof the Indian Penal Code.

The basic accusation is of torture and getting the

Patna High Court Cr.Misc. No.47841 of 2015 (6) dt.26-09-2016 2/3 pregnancy of the complainant terminated.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant on 18.11.2013 and under compelling circumstances has filed Matrimonial Suit No. 10 of 2015 for dissolution of marriage on 23.01.2015 whereas the present complaint has been filed on 07.02.2015. But now matrimonial harmony has been restored the petitioner undertakes to withdraw the matrimonial suit.

The petitioner and the complainant are present in the Court.

It is prayed that both are residing together and matrimonial harmony has been restored.

In the circumstances, it is submitted by learned counsel for the complainant that the complainant is not opposing the prayer for bail.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist

Patna High Court Cr.Misc. No.47841 of 2015 (6) dt.26-09-2016 3/3 Class, Samastipur in connection with Complaint Case No. 213 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T