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Patna High CourtCR. MISC./37571/2013disposed

Arbind Kumar Singh v. The State Of Bihar

2013-12-24Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37571 of 2013 ====================================================== Arbind Kumar Singh S/O Ram Lakhan Singh Resident Of Village- Pandura, Rampur, P.S- Sandesh, District- Bhojpur.

.... .... Petitioner

Versus

The State Of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat, Adv. For the Opposite Party/s : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 24-12-2013 Heard learned counsel for the parties.

Having regard to the allegation for offence under section 498A and other allied offences of the Indian Penal Code and the petitioner being the husband, who has repeated this sort of misbehavior with his wife as is apparent from paragraph no.8 of the complaint petition, while this Court is not inclined to grant privilege of anticipatory bail to the petitioner, the only thing which can be said for the present on the repeated submission of the learned counsel for the petitioner in view of undertaking of the petitioner in paragraph no. 15 of this application, reading as follows:

"That the petitioner is always ready to keep his wife with full honour and dignity."

is that if the petitioner appears before the court below on 22nd January, 2014 alongwith his wife and if the wife is prepared

Patna High Court Cr.Misc. No.37571 of 2013 (2) dt.24-12-2013 to restore his relationship with the petitioner without being in any way coerced to do her work in the Beauty Parlor which she has been doing for livelihood, the court below will grant provisional bail to the petitioner for a period of three months and if on completion of a period of three months it is found from the statement of the wife of the petitioner that the petitioner did not misbehave with her, such provisional bail of the petitioner shall be confirmed but if there is any further complaint on the part of the wife of the petitioner as with regard to she being subjected to physical or mental cruelty/torture the provisional bail of the petitioner shall be cancelled and he will be immediately taken into custody.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/-