Sunil Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30373 of 2016 Arising Out of PS.Case No. -703 Year- 2015 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Sunil Tiwari S/o Ram Dhwaja Tiwari resident of village-Akari, P.S. Bhabua District-Kaimur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rina Devi W/o Sunil Tiwari D/o Ram Pravesh Tiwari resident of Mohalla- Bhabua, Ward No. 7, P.S.- Bhabua,District-Kaimur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sujeet Kumar, Advocate For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the 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 Sections 498A, 406, 494, 109 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by 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 and has not performed second marriage. Statement to that effect has been made in para- 10 of the petition which reads as follows:- "That the petitioner submits

Patna High Court Cr.Misc. No.30373 of 2016 (2) dt.22-07-2016 that he has not done the second marriage with any one and ready to keep the complainant with full dignity and honour.

"

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 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 J.M., Kaimur at Bhabhua in connection with Complaint Case No. 703 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the complainant 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 within six months by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T