Rakesh Kumar Verma @ Rakesh Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42239 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ====================================================== Rakesh Kumar Verma @ Rakesh Verma .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture after 14 years of marriage.
On instructions, it is submitted that the petitione admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 18 of the petition which reads as follows:
Patna High Court Cr.Misc. No.42239 of 2015 (2) dt.07-09-2015 2/3 "That the petitioner is still ready to keep the informant with all honour and dignity."
It is further submitted that the petitioner has filed Matrimonial Case No. 325 of 2014 for restitution of conjugal rights.
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, Bhagalpur in connection with Bhagalpur Sadar Mahila P.S. Case No. 64 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant 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
Patna High Court Cr.Misc. No.42239 of 2015 (2) dt.07-09-2015 3/3 eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T