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Patna High CourtCR. MISC./12485/2016disposed

Ashok Kr. Rai @ Ashok Kumar Rai v. The State Of Bihar

2016-03-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12485 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -SONEPUR District- SARAN ====================================================== Ashok Kr. Rai @ Ashok Kumar Rai, son of Late Ram Ganesh Rai, VillageKilgadhara, P.S.-Barauni, District-Begusarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwajeet Singh For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code. The basic accusation is of torture after thirteen years of marriage.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant 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 it is stated that petitioner always wanted to keep her with full honour and dignity. It is stated that in fact informant always interested in residing at Patna and never resided permanently with petitioner"

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his

Patna High Court Cr.Misc. No.12485 of 2016 (2) dt.16-03-2016 2/2 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 Additional Chief Judicial Magistrate, Saran in connection with Sonepur P.S. Case No. 48 of 2016. Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant 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 informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T