Pintu Sao @ Pintu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12697 of 2015 Arising Out of PS.Case No. -214 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Pintu Sao @ Pintu Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code.

The basic accusation is of torture.

On submission of learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour, notices were issued to opposite party no.2 vide order dated 26.03.2015. A statement to that effect has been made in para 8 of the petition which reads as follows:- "That it is asserts that petitioner being husband of the complainant is ready to keep her wife with full dignity in matrimonial home."

Patna High Court Cr.Misc. No.12697 of 2015 (3) dt.04-08-2015 2/2 The complainant is present in the court and submits that she is ready to accept the offer of the petitioner. The petitioner and the complainant agree to appear before the learned court below on 18th of August, 2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months 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, Danapur, Patna in connection with Complaint Case No. 214C of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed 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