Abhishek Suman @ Praduman v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24812 of 2015 Arising Out of PS.Case No. -276 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Abhishek Suman @ Praduman Son of Sita Ram Singh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anchila Kumari W/o Abhishek Suman @ Praduman .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gouranga Chatterjee, Advocate For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 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 Sections 498A, 494 and 495 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. Though, statement to that effect has not been made in the petition.

Learned counsel for the complainant submits that the

Patna High Court Cr.Misc. No.24812 of 2015 (4) dt.08-12-2015 2/2 petitioner has performed second marriage. Even, then she is ready to resume the conjugal life with the petitioner. Considering the present stand of the parties, 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 SDJM, Barh, Patna in connection with Complaint Case No.276 C of 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 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