Vimal Kishor Jaiswal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39153 of 2014 Arising Out of PS.Case No. -1728 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Vimal Kishor Jaiswal .... .... Petitioner

Versus

1. The State of Bihar.

2. Jyoti Devi.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Devendra Kumar, Advocate. For the Opposite Party : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard the learned counsels for the petitioner, complainant 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 498(A) of the Indian Penal Code and 4 of the D. P. Act.

On instructions, learned counsel for the petitioner submits that though the petitioner filed Matrimonial Suit for divorce at earlier point of time but he is still ready to keep the complainant as wife with full dignity and honour. The offer of the petitioner is acceptable to the learned counsel appearing for the complainant.

Both sides agree to appear before the

Patna High Court Cr.Misc. No.39153 of 2014 (3) dt.18-02-2015 2 / 2 learned court below on 02.03.2015 when the petitioner will take back the complainant to keep her as wife with full dignity and honour.

Considering the stand of the parties, let the petitioner, above named, be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. C-1/1728 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities i.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or the complainant fails to appear before the learned court below (iii) or she gets reluctant to reconcile the issue.

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