Abhinash Kumar @ Avinash Kumar Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40507 of 2015 Arising Out of PS.Case No. -1674 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Abhinash Kumar @ Avinash Kumar Pandey, S/o Harendra Pandey, r/o village- Rith, Police Station-Ekma, District- Saran .... .... Petitioner/s
Versus
1. State of Bihar
2. Guriya Devi, W/o Abinash Kumar @ Avinash Kumar Pandey, D/o Narendra Kumar Mishra, r/o village- Parasa Garh Bazar, Police StationEkma, District- Saran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s : Mr. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 6 of the petition which reads as follows:- "That petitioner is the husband of the complainant and he is still ready to
Patna High Court Cr.Misc. No.40507 of 2015 (2) dt.28-08-2015 keep her with all love and respect."
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 the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 1674 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T