Niranjan Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32204 of 2015 Arising Out of PS.Case No. -535 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Niranjan Paswan S/o Ram Bishun Paswan Resident of Village Sarasat Pokharpur, P.S. Naubatpur, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rubi Devi D/o Late Bhuneshwar Paswan Resident of Village Badipur, P.S. Naubatpur, District Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Arun Kumar Singh 5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein process were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is husband of the complainant, and petitioner is ready to keep his wife, but she is not ready to live with her
Patna High Court Cr.Misc. No.32204 of 2015 (2) dt.07-08-2015 2/2 husband"
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Complaint Case No. 535(C) of 2015.
Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T