Subhash Kumar Rakesh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32655 of 2017 Arising Out of PS.Case No. -1100 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Subhash Kumar Rakesh, S/o Vishwanath Ram, resident of villageHaraily, P.S.- Udakishunganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Raj Lakshami Kumari, w/o Subhash Kumar Rakesh, d/o Tribhuvan Ravidas, resident of Village - Dhobayee, P.S.- Tarapur, DistrictMunger. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP Mr. Kamal Kishore Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 11-09-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Complaint Case No.1100-C of 2015 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Counsel for the petitioner has submitted that he is ready to keep the wife and all the children with full dignity and care.

Counsel for the Opposite Party No.2-wife submits that she is also ready to live with the petitioner provided he keeps her properly.

Patna High Court Cr.Misc. No.32655 of 2017 (4) dt.11-09-2017 2/3 In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Sub-Divisional Judicial Magistrate, Munger, within a period of four weeks from today in connection with Complaint Case No.1100-C of 2015, along with Affidavit that he will keep the wife and all the children with full dignity and care and will not commit physical and mental torture with them (wife and children) and in that event the Court below will release the petitioner on provisional bail to its own satisfaction for a period of nine months and will issue notice to the wife-Opposite Party No.2 and in the event the Opposite Party No.

2 becomes ready to go and live with the petitioner, the Court below will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the 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 service of notice, the Court below shall confirm the provisional bail of the petitioner after nine months.

Patna High Court Cr.Misc. No.32655 of 2017 (4) dt.11-09-2017 3/3 It is made clear that in the event the petitioner does not surrender in the Court below along with Affidavit, as ordered above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the petitioner to which the Court below is satisfied or on appearance of wife the petitioner does not become ready to take her with him, 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.

This application is, accordingly, disposed off. (Sanjay Priya, J) JA/- U T