Muna Sao v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53620 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Muna Sao Son of Late Toga Sao, Resident of Village- Maniachh P.S.- Pawana, Dist- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Full Kumari Daughter of Late Dular Chandra Sao Resident of VillageRepura, P.S.- Sandesh, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Singh For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A and 323/34 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.53620 of 2015 (2) dt.26-11-2015 2/3 petitioner that the petitioner admits his marriage with the informant but now the informant has performed marriage with one Ketan Sah. Though, the petitioner is still ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph 8 of the petition, which reads as follows:- "That it is respectfully submitted that the petitioner is ready to keep the informant with honour and dignity but she does not want to stay with him and she fled away from the house of the petitioner."
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail provisionally for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 131 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the informant on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be
Patna High Court Cr.Misc. No.53620 of 2015 (2) dt.26-11-2015 3/3 confirmed by the learned court below either the informant admits her second marriage with another person or if she is ready to reside with the petitioner or she fails to appear before the learned court below.
(Dinesh Kumar Singh, J) DKS/- U T