Murari Bind v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52556 of 2015 Arising Out of PS.Case No. -707 Year- 2015 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Murari Bind, son of Shobaran Bind, resident of Village-Bahuan, P.S.- Bhabua, District-Kaimur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Buddhi Devi, daughter of Paltu Bind, resident of Village-Goraipur, P.S.-Bhabua, District-Kaimur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Patel For the Opposite Party/s : Mr. Ajay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences under Section 498A 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 has filed Matrimonial Suit No. 162 of 2015 for restitution of the conjugal right. The petitioner is still ready to keep the complainant with full dignity and honour. Similar was the stand of the petitioner before learned Court below but the complainant failed to resume the conjugal life. A statement to that effect has been made in para 8 of the petition which reads as follows:-
Patna High Court Cr.Misc. No.52556 of 2015 (2) dt.10-11-2015 2/3 "That the petitioner is ready to keep her wife but complainant is not ready to live with the petitioner which fact is mentioned in the impugned order."
In the alternative, petitioner is ready to make payment Rs. 2000/- to the complainant from December, 2015, by depositing the same in the bank account of the complainant by second week of every month.
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Kaimur at Bhabua in connection with Complaint Case No. 707 of 2015.
The petitioner undertakes to supply a copy of this order to the complainant within a period of two weeks when it is expected from the complainant to supply her bank account number within a period of three weeks thereafter by filing the same on affidavit before learned Court below. If the complainant fails to submit such affidavit then the aforesaid payment will be deposited before learned Court below which will be invested in some fixed deposit scheme which will be subject to the result of the case.
The aforesaid payments will be subject to
Patna High Court Cr.Misc. No.52556 of 2015 (2) dt.10-11-2015 3/3 any order being passed in matrimonial or maintenance proceeding.
Three consecutive defaults in making payment will give liberty to the complainant to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T