Shatrughan Mukhiya @ Shatrudhan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46973 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -KARJAIN District- SUPAUL ====================================================== Shatrughan Mukhiya @ Shatrudhan Mukhiya Son of Darshan Mukhiya, resident of Village - Sitapur, Police Station- Karjain, Distt.- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sanju Devi, W/o Shatrughan Mukhiya @ Shatrudhan Mukhiya, D/o Sadanand Mukhiya, R/o village - Jiwachpur, P.S. Bhimpur, Distgrict - Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 09-02-2017 Heard learned counsels for the petitioner, State and the informant-opposite party no. 2.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 494/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand and performing second marriage. The petitioner and the informant are present in the Court.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the
Patna High Court Cr.Misc. No.46973 of 2016 (3) dt.09-02-2017 2/3 informant having one male child. Though, earlier it was submitted that the petitioner has not performed second marriage, but today it is submitted that the petitioner has performed second marriage and is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph no. 6 of the petition, which reads as follows:- "That, the petitioner is ready to keep the informant as his legally married wife with full dignity and honour."
It is submitted by learned counsel for the informant that earlier also Complaint Case No. 388C of 2015 was filed with similar accusation which ended into compromise but after the compromise again torture was inflicted. Hence, the informant is ready to accept the present offer of the petitioner in spite of the fact that the petitioner has performed second marriage, though she is apprehensive due to the past conduct of the petitioner.
Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail 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
Patna High Court Cr.Misc. No.46973 of 2016 (3) dt.09-02-2017 3/3 Judicial Magistrate, Ist Class, Birpur (Supaul) in connection with Karjain P.S. Case No. 43 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Both sides agree to appear before the learned court below on 20th of February, 2017 when the petitioner will take the informant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court. (Dinesh Kumar Singh, J) DKS/- U T