Rewati Raman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53563 of 2015 Arising Out of PS.Case No. -653 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Rewati Raman son of Ram Bilash Singh, resident of village- Berkap, P.S.- Darihat, District- Rohtas, at presnt Sipahi 50003, ASC Bn. C/o 99 APO .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Pravesh Singh, son of Late Sheopujan Singh

3. Kanchan Devi Daughter of Ram Pravesh Singh, Both residents of village- Sikarian, P.S.- Nasriganj, District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 05-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the daughter 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 Section 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the daughter of the complainant but the petitioner has filed

Patna High Court Cr.Misc. No.53563 of 2015 (3) dt.05-04-2016 2/3 Matrimonial Suit No. 161 of 2014 with a prayer for divorce prior to the filing of the present complaint. Hence, the reconciliation is not feasible. However, the petitioner is ready to make payment of Rs.5,000/- per month from May, 2016 to the daughter of the complainant by depositing the same in her account by second week of every month.

The counsel for the complainant submits that the daughter of 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, Bikramganj, District - Rohtas in connection with Complaint Case No. 653 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

Patna High Court Cr.Misc. No.53563 of 2015 (3) dt.05-04-2016 3/3 any order passed in matrimonial, maintenance or connected proceedings.

Three consecutive defaults in making payment will give liberty to the daughter of 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