Santosh Ray @ Santosh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.270 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Santosh Ray @ Santosh Kumar Ray, son of Haridwar Ray, Resident of village- Godarahi, Police Station- Sada Wath, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar & Anr.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rahul Nath, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of two children. The two children are residing with the petitioner. The petitioner filed Matrimonial Suit No. 144 of 2015 on 05.08.2015 with a prayer for divorce and thereafter the present First Information Report was

Patna High Court Cr.Misc. No.270 of 2016 (4) dt.21-07-2016 registered on 01.11.2015. The informant herself deserted the petitioner and the differences arose hence, the petitioner is not in a position to keep the informant.

However, learned counsel for the informant submits that the informant is ready to resume the conjugal life but admits that the children are residing with the petitioner. In the alternative, the petitioner is ready to make payment of Rs. 1,000/- per month from August, 2016 to the informant by depositing the same in her account by second week of every month.

Learned counsel for the Informant submits that informant is not ready to accept the offer of the petitioner. In the circumstances, the petitioner will deposit the said amount before the learned court below which will be subject to result of the case. If the informant files any such application for withdrawal of the same, it will be released in her favour.

Considering the filing of Matrimonial Suit at earlier point of time and the present stand of the petitioner for making payment, who is a labourer, let the above named petitioner be released on 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 bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.270 of 2016 (4) dt.21-07-2016 Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 171 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T