Raju Rabidas v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27737 of 2015 Arising Out of PS.Case No. -2503 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Raju Rabidas Son of Late Mantu Rabidas Resident of village - Chanhar Nista, P.S. Balia Belon, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gita Devi Wife of Raju Rabidas, D/o Ganga Ram Resident of village - Chanhar Nista, P.S. Balia Belon, District - Katihar, at Present resident of village - Bajargaon, P.S. Baisi, District - Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

The petitioner admits marriage with the complainant. On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with

Patna High Court Cr.Misc. No.27737 of 2015 (2) dt.23-07-2015 2/3 full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 7 of the petition which reads as follows:

"That it is stated that the petitioner is always ready to keep the complainant with full dignity and honour."

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Purnea in connection with Complaint Case No. 2503 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and 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 the learned court below in three eventualities -

Patna High Court Cr.Misc. No.27737 of 2015 (2) dt.23-07-2015 3/3 (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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