Pramod Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27666 of 2016 Arising Out of PS.Case No. -6249 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Pramod Yadav son of Rajo Yadav resident of Village- Gajipur, P.S. Rajgir, Dist- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kanti Devi wife of Pramod Yadav, D/o Sri Tanik Yadav resident of Village- Bari Gulani, P.S.- Dhamoul, Dist- Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.27666 of 2016 (2) dt.26-07-2016 petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That, the petitioner is ready to keep the complainant."

It is further submitted that the similar was the stand of the petitioner before the learned court below. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 Additional Chief Judicial Magistrate-III, Nawada in connection with Complaint Case No. 6249 of 2015, 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 by the learned court below in three eventualities:- (i) on

Patna High Court Cr.Misc. No.27666 of 2016 (2) dt.26-07-2016 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) DKS/- U T