Feku Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33049 of 2015 Arising Out of PS.Case No. -79 Year- 2013 Thana -BASOPATTI District- MADHUBANI ======================================================
1. Feku Thakur Son of Mishri Thakur Resident of Village- Chhatauni, P.s Basopatti, district Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sunita Devi w/o Feku Thakur, D/o Satya Narain Thakur Resident of Sinurjora, P.s Jalesar , District Dhanusha (Nepal) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kripa Nand Jha For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the daughter of the informant is apprehending his arrest in a case registered for the offences punishable under sections 341, 323, 504, 498(A) of the Indian Penal Code.
Accusation is of torture and assaulting the daughter of the informant It is submitted by the learned counsel for the petitioner that the daughter of the informant was married with the petitioner 19 years ago. It is further submitted that petitioner is ready to keep his wife with full dignity and honour. Statement to
Patna High Court Cr.Misc. No.33049 of 2015 (2) dt.11-08-2015 2/3 that effect has been made in para 12 of the petition, which reads as follows:- "That the petitioner is ready to keep the daughter of the informant (O.P. no.2) with full honour and dignity and the O.P. no.2 is also ready to live with the petitioner but the informant instigating the O.P.No.2, not to live with the petitioner."
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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhubani in Basopatti P.S. Case no. 79 of 2013 Let the learned court below issue notice to the opposite party no.2 and on her appearance the petitioner will take her to matrimonial house and keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities: (i) on substantial restoration of the matrimonial harmony, (ii) or if the O.P. no.2 gets reluctant to reconcile the
Patna High Court Cr.Misc. No.33049 of 2015 (2) dt.11-08-2015 3/3 issue, and (iii) or if the O.P. no.2 fails to appear before the learned court.
(Dinesh Kumar Singh, J) M.Rahman/- U T