Tarkeshwar Tiwary @ Chhote Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11587 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Tarkeshwar Tiwary @ Chhote Tiwary .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 342, 498A and 307 of the Indian Penal Code.

The basic accusation is of torture. The factum of marriage between the petitioner and the complainant and birth of a male child are admitted facts.

On the statement of the petitioner that he is ready to keep the informant as wife full dignity and honour, notices were issued to opposite party no.2. The petitioner and opposite party no.2 are present. Opposite party no.2/informant is ready to accept the offer of the petitioner but she is apprehensive due to past

Patna High Court Cr.Misc. No.11587 of 2015 (3) dt.28-07-2015 2/2 conduct of the petitioner.

Both sides shall appear before the learned court below on 10th of August, 2015 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabua Mahila P.S. Case No. 02 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The informant will be at liberty to file an application for conciliation of the bail of the petitioner if the petitioner violates the undertaking given before this Court. (Dinesh Kumar Singh, J) Amrendra/- U T