Surya Kumar @ Bhola Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38087 of 2015 Arising Out of PS.Case No. -268 Year- 2015 Thana -BIHTA District- PATNA ======================================================
1. Surya Kumar @ Bhola Singh son of Sri Kamla Singh, Resident of village- Paharpur, P.O.- Tara Nagar, P.S.- Bihta, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Anita Devi, wife of Surya Kumar @ Bhola Singh, Resident of villagePaharpur, P.O.- Tara Nagar, P.S.- Bihta, District- Patna, presently residing at village- Tarwan, P.s. Naubatpur, District- Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 307, 379, 494/34 of the Indian Penal Code.
The basic accusation is of torture and performing second marriage.
The petitioner and the informant/O.P. No. 2 are present in Court.
It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of three daughters and one son. It is further submitted that petitioner has not performed second marriage. A statement to that effect has been made in para 12 of the petition which reads as follows:-
Patna High Court Cr.Misc. No.38087 of 2015 (3) dt.05-01-2016 2/3 "That from the recital of Bihta P.S. Case No. 257 of 2015, it is evidently clear that the petitioner had not performed second marriage with Manju Kumari @ Guriya rather it is concoction of the informant"
It is further submitted that petitioner is ready to keep the informant and children with full dignity and honour. A statement to that effect has been made in para 15 of the petition which reads as follows:- "That it is stated that the petitioner is ready to keep the informant as his wife as also his children with full affection, dignity and surety"
It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner.
Both sides agree to appear before learned Court below on 25th of January, 2016, when the petitioner will take the informant and children to her matrimonial house to keep her as wife with full dignity and honour. Considering the aforesaid stand of the parties, 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
Patna High Court Cr.Misc. No.38087 of 2015 (3) dt.05-01-2016 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 268 of 2015. 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