Ratnesh Rishideo v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10650 of 2016 Arising Out of PS.Case No. -489 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Ratnesh Rishideo, son of Chandra Kishore Rishideo, resident of VillageSukhasan Chakla, Tola-Chharapatti, P.S.+ District-Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar
2. Hira Devi, aged about 24 years, wife of Shri Ratnesh Rishideo, daughter of Umesh Rishideo, resident of Village-Sakarpura, P.S.+ District-Madhepura.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durgesh Kumar For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 354, 498A, 34 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That, petitioner is husband of the complainant and he is ready to keep his wife with full dignity and honour"
Considering the present stand of the
Patna High Court Cr.Misc. No.10650 of 2016 (2) dt.03-03-2016 2/2 petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Complaint Case No. 489 of 2014.
Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Shageer/- U T