Narendra Paswan @ Narendra Kr. Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56044 of 2015 Complaint Case No.. -616 C Year- 2014 Thana -COMPLAINT CASE District- LAKHISARAI ====================================================== Narendra Paswan @ Narendra Kr. Paswan Son of Saryug Paswan, .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manorma Devi, D/o Kapildeo Paswan, w/o - Narendra Paswan, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has 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.

The marriage between the petitioner and the complainant is admitted fact.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as

Patna High Court Cr.Misc. No.56044 of 2015 (2) dt.11-12-2015 2/3 wife with full dignity and honour. A statement to that effect has been made in para 13 of the petition which reads as follows:- "13. That, the petitioner is ready to keep her as legal wedded wife with full dignity and honour."

A further statement has been made at paragraph 12 of the petition that the petitioner filed Matrimonial Case No. 195/2014 for restitution of conjugal rights.

On instruction, learned counsel for the complainant submits that the complainant accepts the offer of the petitioner. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Complaint Case No.616C/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides shall appear before the learned court below on 15th January, 2016 when the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed

Patna High Court Cr.Misc. No.56044 of 2015 (2) dt.11-12-2015 3/3 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T