Mohan Lal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14680 of 2015 Arising Out of PS.Case No. -214 Year- 2014 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Mohan Lal Ram Son of Jagdish Ram, Resident of Village - Tetalia Modha, Police Station - Kochadhaman, District - Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 14-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 323, 325, 341, 379, 504 and 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

The petitioner and the informant are present in the Court.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.14680 of 2015 (4) dt.14-09-2015 2/3 petitioner that the petitioner admits his marriage with the informant and birth of four children. The petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph 13 of the petition, which reads as follows:- "That the petitioner is ready to keep the informant as his wife full love and affections." It is submitted by learned counsel for the informant that the informant is ready to accept the offer of the petitioner.

Both sides agree to appear before the learned court below on 30.09.2015 when the petitioner will take the informant and children to keep them with dignity and honour. Considering the present stand of the parties, 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, Kishanganj in connection with Kochadhaman P.S. Case No. 214 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be

Patna High Court Cr.Misc. No.14680 of 2015 (4) dt.14-09-2015 3/3 confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court.

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