Panjabi Bind @ Pankaj Bind @ Panjabi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2182 of 2016 Arising Out of PS.Case No. -804 Year- 2014 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Panjabi Bind @ Pankaj Bind @ Panjabi Son of Bhagat Bind, Resident of Village- Ganankura, Police Station- Shakurabad, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sulekha Devi Wife of Punjabi @ Pankaj Bind, Daughter of Late Bindeshwar Bind, Resident of Village- Nisiawan, Police Station- Masaurhi, District- Patna.

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

For the Petitioner/s : Mr. Uday Narayan Singh, Advocate For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 8 of the petition which reads as follows:- "That the allegation in complaint petition is that, the petitioner

Patna High Court Cr.Misc. No.2182 of 2016 (2) dt.14-01-2016 want to remarriage with another woman is completely false and the petitioner is ready to keep the complainant 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 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 Magistrate, Jehanabad in connection with Complaint Case No. 804 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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