Ganesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57649 of 2015 Arising Out of PS.Case No. -372 Year- 2014 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Ganesh Paswan .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A/34 of the Indian Penal Code. The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. It appears that the learned Sessions Judge disposed of the anticipatory bail application of the petitioner in view of the ratio Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015 (3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons were issued. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.57649 of 2015 (2) dt.08-01-2016 2/3 now warrant of arrest has been issued.

It is further submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:- "That the petitioner is husband of the victim and he is ready to keep the victim with full affection and honour...."

Considering the present stand of the petitioner, let the above named petitioner 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 SDJM, Aurangabad in connection with Complaint Case No. 372 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed

Patna High Court Cr.Misc. No.57649 of 2015 (2) dt.08-01-2016 3/3 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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