Anuj Kumar Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52353 of 2015 Arising Out of PS.Case No. -794 Year- 2014 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Anuj Kumar Pandey, son of Radheshyam Pandey, resident of MohallaGandhinagar, Ram Krishna Paramhansh Vidyalaya, Ward No. 10, P.S. and District-Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibha Kumari, wife of Anuj Kumar Pandey, Daughter of Sushil Pandey, Mohalla-Gandhi Mandir Hospital More, Jehanabad, Ward No. 18, P.S. & District-Jehanabad .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jogendra Kumar For the Opposite Party/s : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were 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.
On instructions, it is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition. The relevant portion of which reads as follows:- "That in any view of the matter
Patna High Court Cr.Misc. No.52353 of 2015 (2) dt.09-11-2015 2/2 the petitioner is ready and willing to keep the Opp. No. 2 with full dignity and honour................." Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 794 of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance.
On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T