Munna Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15802 of 2015 Arising Out of PS.Case No. -373 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Sah son of Jagarnath Sah, resident of village- Dhelwaha, P.S. Tetariya, Dist- East Chamapran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sudama Devi wife of Munna Sah, D/o Birendra Sah, Resident of villageRaghunathpur, P.S.- Chiraiya, Dist- East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been 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.

On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to

Patna High Court Cr.Misc. No.15802 of 2015 (2) dt.16-04-2015 keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para9 of the petition. It is further submitted that petitioner has also filed Matrimonial Suit No. 212 of 2014 for restitution of conjugal life. Statement to that effect has been made in para-7 of the petition.

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 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 Judicial Magistrate, Ist Class, Sikrahana at Motihari, East Champaran in connection with Complaint Case No. 373C of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets

Patna High Court Cr.Misc. No.15802 of 2015 (2) dt.16-04-2015 reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court. (Dinesh Kumar Singh, J) P.K./- U T