Guddu Baitha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.49541 of 2014 (2) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49541 of 2014 Arising Out of PS.Case No. -1188 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Guddu Baitha Son of Jagan Baitha Resident of village - Mishrauli, Tola Bardgaon, Police Station - Bagaha, District West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Fulpati devi Wife of Guddu Baitha and daughter of Parsan Baitha Resident of Village - Mishrauli, Tola-Bardgaon, Police Station - Bagaha, District - West Champaran, Presently Residing at Village - Rampur Bagicha Tola Post Office Rampur, Police Station - Laukariya, District - West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner, informant and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1188C of 2013 registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner being the husband realizes his responsibility and is ready and willing to keep the complainant and his two children with full honour and dignity and assures that there shall be no recurrence of untoward act so as to prejudice either the lady or the

Patna High Court Cr.Misc. No.49541 of 2014 (2) dt.14-05-2015 children in any manner, whatsoever.

Learned counsel for the informant submits that considering the bona fide offer made by the petitioner, lady in question, is also willing to live with her husband and reconcile the issue.

Considering the aforesaid submissions, let the petitioner, in the event of his arrest or surrender before the court below within a period of two 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 Judicial Magistrate, First Class, Bagha, West Champaran in connection with Complaint Case No. 1188C of 2013, 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 is any untoward happening so as to prejudice the opposite party in any manner, it will be open for her to seek recourse of any legal remedy.

(Anjana Mishra, J) Jagdish/- U T