Mahendra Prasad Singh And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56508 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Mahendra Prasad Singh
2. Himanshu Kumar Singh.
.... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner no.1 being the husband of the informant and petitioner no.2 being the brother of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A and 504/34 of the Indian Penal Code.
The basic accusation is of torture.
Learned counsel for the petitioners submits that the petitioner no.1 admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That it is humbly stated and submitted that petitioner no.1 who is husband wants to settle the dispute and keep the informant with full dignity and honour..."
Patna High Court Cr.Misc. No.56508 of 2015 (2) dt.14-12-2015 2/3 Considering the present stand of the petitioner no.1, let the above named petitioner no.1 be released on provisional anticipatory bail for one year 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 CJM, Bhagalpur in connection with Sahkund P.S. Case No. 124 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner no.1 will take the informant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner no.1 will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. Considering the present stand of the petitioner no.1, let the above named petitioner no.2 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
Patna High Court Cr.Misc. No.56508 of 2015 (2) dt.14-12-2015 3/3 bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Sahkund P.S. Case No. 124 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T