Rakesh Rai @ Rakesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48974 of 2015 Arising Out of Complaint Case No.. -701 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Rakesh Rai @ Rakesh Kumar S/o Bishwanath Rai .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neha Kumari W/o Rakesh Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 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 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 is ready to keep the complainant as wife with dignity and honour. Though statement to that effect has not been made in the petition. Similar was the stand of the petitioner before the learned court below which gets reflects from the

Patna High Court Cr.Misc. No.48974 of 2015 (2) dt.16-10-2015 2/2 impugned order. The petitioner has also filed Matrimonial Suit No. 134 of 2014 for restitution of conjugal right. This is not disputed by the petitioner that only the summons have been issued.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.701 of 2014, pending before the learned SDJM, Saran at Chapra. With the above observation, this application is, accordingly, disposed off.

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