Upendra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27216 of 2015 Arising Out of PS.Case No. -658 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Upendra Prasad Son of Raghuni Patel resident of village - Bhitahan, Police Station - Bairia, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Neelu Devi Wife of Upendra Prasad, Daughter of Sheshnath Prasad resident of Nurakhap Nawaka Tola, Police Station - Bettiah Muffassil, District - West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Aditya Narayan Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

The petitioner and the complainant are present in the Court.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.27216 of 2015 (3) dt.02-11-2015 2/3 petitioner that the petitioner has performed second marriage since the complainant has deserted him.

It is submitted by learned counsel for the complainant that that marriage between the petitioner and the complainant and birth of a female child are not in dispute and since the petitioner has performed second marriage the reconciliation at present is not feasible.

However, counsel for the petitioner submits that the petitioner is ready to make payment of Rs.2,000/- per month from December, 2015 to the complainant by depositing the same in her account by second week of every month. Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner and undertakes to submit the bank account number on affidavit before the learned court below within a period of three weeks. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, West Champaran, Bettiah in

Patna High Court Cr.Misc. No.27216 of 2015 (3) dt.02-11-2015 3/3 connection with Complaint Case No. 658-C of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.

Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.

The present order, in no way, will preclude the parties to resolve the issue otherwise.

DKS/ (Dinesh Kumar Singh, J.) U T