Gonaur Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6625 of 2016 Arising Out of PS.Case No. -1357 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Gonaur Singh son of Late Shital Singh, Resident of village- Jababipur, P.S.- Sitamarhi, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mina Devi, Wife of Gonaur Singh, Resident of village- Jababipur, P.S.- Sitamarhi, District- Sitamarhi, At present village- Kaora Khagi, P.S.- Personi, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv. For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 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 498A of the Indian Penal Code.

The basic accusation is of torture after about two decades of marriage.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is

Patna High Court Cr.Misc. No.6625 of 2016 (2) dt.10-02-2016 2/3 ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "That the petitioner is ready to maintain his wife with full dignity and honour."

Considering the complaint case being filed in the year 2012 and the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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, Sadar Sitamarhi in connection with Complaint Case No. C1/1357 of 2012, 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

Patna High Court Cr.Misc. No.6625 of 2016 (2) dt.10-02-2016 3/3 complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T