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Patna High CourtCR. MISC./6421/2016disposed

Shrawan Bind v. State Of Bihar And ANR

2016-06-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6421 of 2016 Arising Out of PS.Case No. -1508 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Shrawan Bind Son of Ram Nath Bind Resident of Village Diwakarpur, P.s Sakaldiha, District Chandauli.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dharamshila Devi Wife of Shrawan Bind, D/o Dani Bind R/o Village Chandos, P.s/ chand, District Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Uday Chand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 The 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.

The petitioner and the complainant are present before this Court.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and birth of two children. The petitioner is ready to take the complainant to her matrimonial house from the Court itself. Though similar was the stand of the petitioner before learned Court below but ultimately the petitioner failed

Patna High Court Cr.Misc. No.6421 of 2016 (3) dt.27-06-2016 2/2 to appear before learned Court below to take the complainant to her matrimonial house.

Learned counsel for the complainant submits that complainant is ready to accept the offer of the petitioner. Considering the aforesaid stand of the parties, 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 four months 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, Kaimur at Bhabua in connection with Complaint Case No. 11446/1508 of 2014, Trial No. 4688 of 2015.

The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on substantial restoration of the matrimonial harmony within a period of four months or if the harmony is not restored due to the latches on the part of the complainant.

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