Jagdeo Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35212 of 2016 Arising Out of Complaint Case No. -299 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Jagdeo Mahto, Son of Chokat Mahto .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Umrawti Devi, Wife of Jagdeo Mahto, D/O Late Chetar Mahto .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Ranjan, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2016 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 Sections 498A and 223 of the Indian Penal Code.

The accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in paragraph

Patna High Court Cr.Misc. No.35212 of 2016 (2) dt.17-08-2016 2/3 no.8 of the petition which reads as follows:- "That the petitioner is ready to keep the informant/complainant OPP. Party No.2 as his wife with full honour and dignity."

It is further submitted that similar was the stand of the petitioner before the learned Court below.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 learned SDJM, Raxaul at Motihari (East-Champaran) in connection with Complaint Case No.C-299/2014, 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

Patna High Court Cr.Misc. No.35212 of 2016 (2) dt.17-08-2016 3/3 appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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