Lalit Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14412 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Lalit Das, S/o Nage Das, Resident of Village- Navtoli Railway Gumti No.13, P.S. Raj Nagar, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Urmila Devi, W/o Lalit Das, Navtoli Railway Gumti No.13, P.S.- Raj Nagar, District- Madhubani at present C/o Bindeshwar Das, R/o Village- Paithan Wai, P.S.- Manigachhi, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 313, 379/34 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 informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner is ready to keep the wife with full dignity and honour if she desires to go with him but she has flatly refused to go with her husband.

Patna High Court Cr.Misc. No.14412 of 2016 (2) dt.01-04-2016 P2/2 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 Judicial Magistrate, 1st Class, Darbhanga in connection with Manigachhi(Nehara O.P.) P.S. Case No. 26 of 2015.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant 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 informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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