Krishna Bhagat @ Ravi Kishna Bhagat v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17636 of 2015 Arising Out of PS.Case No. -1807 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Krishna Bhagat @ Ravi Kishna Bhagat S/o Bhim Bhagat Resident of village - Bajitpur, P.S. Motipur, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Reena Devi Wife of Krishna Bhagat @ Ravi Kishna Bhagat, D/o Raghunath Bhagat Resident of village - Khemkarna, P.O. Husanpur, P.S. Sahebganj, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 21-09-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 504/34 and 498A of the Indian Penal Code. The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant with dignity and honour and ready to withdraw the matrimonial
Patna High Court Cr.Misc. No.17636 of 2015 (3) dt.21-09-2015 2/3 suit filed with prayer for divorce.
It is submitted by learned counsel for the complainant that the complainant is not ready to accept the offer of the petitioner since she is apprehensive due to the past cruel conduct of the petitioner.
In the alternative, the petitioner is ready to pay Rs.2,000/- per month from October, 2015 to the complainant by depositing the same in her account by second week of every month.
Counsel for the complainant submits that the complainant is ready to accept the offer and undertakes to submit her bank account number on affidavit before the learned court below within a period of two weeks.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Muzaffarpur in connection with Complaint Case No. 1807 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.17636 of 2015 (3) dt.21-09-2015 3/3 The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.
Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.
The present order, in no way, will preclude the parties to resolve the issue otherwise.
DKS/ (Dinesh Kumar Singh, J.) U T