Rameshwar Singh @ Rameshwar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32189 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Rameshwar Singh @ Rameshwar Mahto S/o Ram Ashish Singh @ Ram Ashish Mahto Resident of Village Darihat, P.S. Darihat, District Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manta Devi W/o Rameshwar Singh @ Rameshwar Mahto and D/o Dashrath Mahto @ Dasarath Mahto R/o Village Darihat, P.S. Darihat, District Rohtas. At present Residing at Village Akodhi, P.S. Akodhi Gola, District Rohtas.

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

For the Petitioner/s : Mr. Achhaibar Singh For the Opposite Party/s : Mr. M.Dayal(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 processes were directed to be issued after cognizance being taken for the offences punishable under Sections 406, 420, 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

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 10 of the petition which reads as follows:- "That, the petitioner is the

Patna High Court Cr.Misc. No.32189 of 2015 (2) dt.07-08-2015 2/2 husband of the victim and he is ready to keep his wife with full dignity and honour"

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, Dehri-onSone, Rohtas in connection with Complaint Case No. 76C 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