Makesar Chauhan @ Makeshwar Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52676 of 2015 Arising Out of Complaint Case No.. -16 Year- 2015 Thana -NAWADAH COMPLAINT CASE District- NAWADA ====================================================== Makesar Chauhan @ Makeshwar Chauhan, son of Janki Chauhan .... .... Petitioner/s

Versus

1. State of Bihar

2. Sunita Devi, wife of Makesar Chauhan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nirmala Kumari, Advocate For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 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 Section 498A of the Indian Penal Code. The accusation is of torture.

On instruction, 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 para 11 of the petition which reads as follows:- "11. That petitioner is always ready to keep his wife and even before the learned Sessions Judge, complainant and

Patna High Court Cr.Misc. No.52676 of 2015 (2) dt.10-11-2015 2/2 petitioner had decided to go together...."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 Judicial Magistrate, 1st Class, Nawada in connection with (Nawada) Complaint Case No.16 of 2015 , 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 appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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