Santosh Prasad Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58454 of 2015 Arising Out of PS.Case No. -196 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Santosh Prasad Yadav .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 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 323, 498A and 494 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. The petitioner has not performed second marriage and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 5 of the petition,

Patna High Court Cr.Misc. No.58454 of 2015 (2) dt.05-01-2016 2/3 relevant portion of the same reads as follows:- "That....the petitioner has not married with accused no.5 and the petitioner is always ready to keep her wife with full dignity...."

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, Munger in connection with Complaint Case No. 196C of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, 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. The

Patna High Court Cr.Misc. No.58454 of 2015 (2) dt.05-01-2016 3/3 provisional bail of the petitioner will not be confirmed if substantive proof comes that the petitioner has performed second marriage.

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