Santosh Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34582 of 2017 Arising Out of PS.Case No. -514 Year- 2016 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Santosh Thakur Son of Sri Laxmi Kant Thakur, R/o Village- Kishandaspur (krishnadaspur), P.S.- Budhuchak (Kahalgaon) District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sugandha Devi W/o Sontosh Thakur, R/o Village- Sathiyari Bamiya, P.S.- Amdanda, District- Bhagalpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amar Nath Mishra,, Advocate. For the Opposite Party/s : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 514 of 2016 instituted for the offence under Section 498(A) of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.
It has been submitted on behalf of the petitioner that the petitioner is ready to keep his wife with full honour and dignity.
The counsel for the opposite party No. 2 has appeared and submitted that opposite party No. 2 (wife) is also ready to live with her husband.
Accordingly, this application is disposed off with
Patna High Court Cr.Misc. No.34582 of 2017 (3) dt.09-10-2017 2/3 direction to petitioner to surrender before the Court below i.e. learned SDJM, Bhagalpur, within a period of four weeks from today in connection with Complaint Case No. 514 of 2016, along with Affidavit that he will keep the wife with full dignity and care.
In the event the Court below finds that petitioner is ready to keep his wife with full dignity and care, the court below will release the petitioner on provisional bail to its own satisfaction for a period of six months and will issue notice to complainant (wife) and on appearance of wife if she becomes ready to go with her husband, the court below will monitor the relationship between the parties by calling both of them every month in the court below and in the event the court below finds that good conjugal relationship has been restored between husband and wife and wife does not make any complain about physical and mental torture committed by the petitioner during the period of her stay with him or court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife or the wife does not appear even after valid service of notice, the court below will confirm the provisional bail of the petitioner after six months.
Patna High Court Cr.Misc. No.34582 of 2017 (3) dt.09-10-2017 3/3 in court below or wife during the period of monitoring makes complain about physical and mental torture committed by the petitioner, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.
Application is disposed off with aforesaid observations.
(Sanjay Priya, J) S.Ali/- U T