Bimal Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36433 of 2016 Arising Out of COMPLAINT CSAE No. -15558 Year- 2014 District- BEGUSARAI ====================================================== Bimal Thakur, son of Kailash Thakur, resident of Village- Kumbhi, P.S. Cheria Bariarpur, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pinki Kumari, D/o Sri Ramprakash Thakur, R/o Village- Mubarakpur, P.S.- Bhagwanpur, District- Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rai Mukesh Sharma, Adv. For the Opposite Party/s : Mr. Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2016 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 has been taken for the offences punishable under Section 498A of the Indian Penal Code. The basic accusation is of torture and making assault to the complainant.
It is submitted by the learned counsel for the petitioner that there is nothing on record to suggest that the complainant has received any injury. The petitioner admits his marriage with the complainant and is ready to keep her as wife with full dignity and honour, statement to that effect has been made in para 13 of the
Patna High Court Cr.Misc. No.36433 of 2016 (2) dt.24-08-2016 2/3 petition which reads as follows:- "That the petitioner is ready to keep the complainant with full dignity and honour"
It is further submitted that similar was the stand of the petitioner before the learned court below which gets reflected from the impugned order.
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, Begusarai in connection with Complaint Case No. 15558C of 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 when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the
Patna High Court Cr.Misc. No.36433 of 2016 (2) dt.24-08-2016 3/3 complainant failed to appear or (iii) if the complainant deliberately refuses to reside with the petitioner.
(Dinesh Kumar Singh, J) Amrendra/- U T