← Library
Patna High CourtCR. MISC./32773/2015disposed

Babloo Pandit v. State Of Bihar And ANR

2015-08-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32773 of 2015 Arising Out of PS.Case No. -1300 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Babloo Pandit S/o Devendra Pandit Resident of Mohalla Khajurbanna (Petrol Pump), P.S. Sultanganj, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Kumari W/o Babloo Pandit, D/o Bullai Pandit Resident of Mohalla Ranipur Khidaki, Ganj Par, P.S. Mehandiganj, District Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 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 7 of the petition which reads as follows:- "That the petitioner is the husband of the complainant and ready to keep his wife with full honour and dignity."

Patna High Court Cr.Misc. No.32773 of 2015 (2) dt.10-08-2015 2/2 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 Judicial Magistrate, 1st Class, Patna City in connection with Complaint Case No. 1300 of 2014. 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