Vijay Kumar Singh @ Vijay Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32505 of 2015 Arising Out of PS.Case No. -273 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Vijay Kumar Singh @ Vijay Singh Son of Shiv Mangal Ray @ Shiv Mangal Singh, Resident of Sarama (Barauli), P.S. - Sahapur, District - Ara. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Punam Kumari, Daughter of Chandra Shekhar Singh, Resident of Village - Alawalpur,P.S. - Punpun, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 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 processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

The petitioner admits his marriage with the complainant. On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full

Patna High Court Cr.Misc. No.32505 of 2015 (2) dt.10-08-2015 2/3 dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 7 of the petition which reads as follows:

" That the petitioner is ready to keep his wife with full honour and dignity and also ready to maintain her"

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Masaurhi, Patna in connection with Complaint Case No. 273C of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and 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 by the learned court below in three eventualities - (i)

Patna High Court Cr.Misc. No.32505 of 2015 (2) dt.10-08-2015 3/3 if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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