Bhagirath Sahu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13168 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Bhagirath Sahu son of Asharfi Sahu, resident of Village- Barki Tarauni, P.S.- Bahera, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Kumkum Devi, wife of Bhagirath Sahu, D/o Ram Kishun Sah, Resident of Village- Shyampur, P.S.- Bahera, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-08-2016 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 and 323 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full
Patna High Court Cr.Misc. No.13168 of 2016 (3) dt.08-08-2016 2/3 dignity and honour. Statement to that effect has been made in paragraph 16 of the petition, which reads as follows:- "That the petitioner is still ready to keep his wife with full dignity and comfort but the complainant herself do not want to live with the petitioner." It is further submitted that similar was the stand of the petitioner before the learned court below when the complainant refused to accept the offer of the petitioner. The petitioner and the complainant are present in the Court.
Counsel for the complainant submits that the complainant resumed the conjugal life for two months but she was brutally assaulted by the petitioner, but at present the complainant is again ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 16th of August, 2016 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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
Patna High Court Cr.Misc. No.13168 of 2016 (3) dt.08-08-2016 3/3 Judicial Magistrate, Ist Class, Benipur, Darbhanga in connection with C.R. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be confirmed 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) DKS/- U T