Kamesh Ram And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30345 of 2015 (8) dt.08-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30345 of 2015 Arising Out of PS.Case No. -855 Year- 2014 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Kamesh Ram S/o Late Banshi Ram

2. Sarita Devi W/o Kamesh Ram Both are Resident of Village / Mohalla Devi Asthan, P.S. Muffasil Aurangabad, District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Poonam Devi W/o Kamesh Ram Resident of Mohalla New Area Durga Devi Asthan, P.S. Muffassil, District Aurangabad, At present father Ram Jee Ram R/o Village Marder Gopal, P.S. Kutumba, District Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 855 of 2014 registered for the offences punishable under Section 498A, 323, 504/34 of the Indian Penal Code.

Today, the petitioner no. 1 and the opposite party no. 2 are present in Chambers.

After much interactions and deliberations with both the parties, it has transpired that both the parties are ready and willing to live with each other in harmony. Petitioner states that he is willing and ready to take back his wife and daughter and keep

Patna High Court Cr.Misc. No.30345 of 2015 (8) dt.08-12-2015 them with full dignity and honour. He assures that there shall be no recurrence of untoward incident like mental or physical torture so as to prejudice the opposite party no. 2 and her daughter in any manner.

Considering the bona fide offer made by the petitioners, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No. 855 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, it is made clear that if, at all, there shall be any recurrence of untoward incident, leading to mental or physical torture to the opposite party no. 2 and her daughter, it shall be open for her to move this Court for modification of the order or approach the Court below for any action in accordance with law including cancellation of the bail.

(Anjana Mishra, J) Jagdish/- U T