Sonu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19902 of 2016 Arising Out of Complaint Case No. -707 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ====================================================== Sonu Kumar Son of Late Dilip Sah .... .... Petitioner/s

Versus

1. The State of Bihar

2. Laxmi Kumari Wife of Sonu Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 498A of the Indian Penal Code.

Basic accusation is of torture.

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and birth of a male child. The petitioner is ready to keep the complainant as wife with full dignity and honour. A

Patna High Court Cr.Misc. No.19902 of 2016 (2) dt.04-05-2016 2/3 statement to that effect has been made in para 6 of the petition which reads as follows:- "That as a matter of fact the petitioner being husband is ready to keep the complainant and his son with full honour and dignity within his limited means...."

Considering the present stand of the petitioner, let the above named petitioner 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, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with Complaint Case No.707/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to

Patna High Court Cr.Misc. No.19902 of 2016 (2) dt.04-05-2016 3/3 appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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