Sanjit Uraon @ Sanjeet Uraon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34836 of 2015 Arising Out of Complaint Case No. -3090 Year- 2013 Thana -PURNIA COMPLAINT CASE District- PURNIA ====================================================== Sanjit Uraon @ Sanjeet Uraon S/o Jhari Uraon .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi D/o Bodhra Uraon .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been 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 instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. The petitioner has filed Matrimonial Suit No. 169 of 2013, at earlier point of time, for restitution of conjugal rights and he is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "9. That the petitioner is the husband and has never demanded any dowry and is still ready to keep the complainant with

Patna High Court Cr.Misc. No.34836 of 2015 (2) dt.24-08-2015 2/2 him as a duly wedded wife with full honour and dignity." 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No.3090 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 for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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