Sanjay Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14461 of 2016 Arising Out of PS.Case No. -1564 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================
1. Sanjay Mahto S/o Mohan Mahto r/o Koaha P.S.- Sugauli District East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar
2. Pinky Devi D/o Bhagawan Prasad R/o Saphi Jatwa Tola, P.S.- Turkawaliya, Dist. E. Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2016 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.
It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and has filed Matrimonial Suit No. 227 of 2015 for the restitution of conjugal life. The petitioner is still ready to keep the complainant 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 the petitioner has filed Matrimonial Case No. 227 of 2015 before learned
Patna High Court Cr.Misc. No.14461 of 2016 (2) dt.11-04-2016 2/2 Principal Judge, Family Court, East Champaran for restitution of conjugal life. The petitioner is still ready to keep her with full dignity"
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, Motihari, East Champaran in connection with Complaint Case No. 1564 of 2014, Trial No. 3939 of 2015.
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