Bilash Kumar Sharma @ Mukesh Kumar @ Mukesh Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18652 of 2016 Arising Out of PS.Case No. -1480 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Bilash Kumar Sharma @ Mukesh Kumar @ Mukesh Sharma, son of Chandeshwar Sharma, resident of Village-Sondho Ratti, P.S.-Goraul, District-Vaishali at Hajipur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi, wife of Bilash Kumar Sharma @ Mukesh Kumar @ Mukesh Sharma, daughter of Rajkumar Sharma, presently, villageSonpur Savaich, P.S.-Sonpur, District-Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2016 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 Section 498A 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 7 of the petition which reads as follows:- "That it is stated that the petitioner is always ready to keep his wife with full dignity and honour and lead a happy conjugal life
Patna High Court Cr.Misc. No.18652 of 2016 (2) dt.29-04-2016 2/2 with the complainant."
Considering the aforesaid stand of the 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 one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 1480(C) of 2015.
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 one year (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