Raghwendra Pratap Singh @Raghwendra Bahadur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36365 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Raghwendra Pratap Singh @ Raghwendra Bahadur Singh, son of late Jag Narayan Singh, resident of Village-Suhawal, P.S.-Chainpur, DistrictKaimur, Bhabhua .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 354, 376/511 of the Indian Penal Code.
The basic accusation is of torture. It is also alleged that the elder brother of the petitioner made an attempt to ravish the informant and thereby outraged her modesty. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of two children. Though it was earlier submitted on behalf of the petitioner that children are residing with the petitioner but it is submitted on behalf of the informant that children are residing with the informant. It is further submitted that petitioner is still ready to keep the informant and the children with dignity and honour. A statement to that effect has been made in para IX of
Patna High Court Cr.Misc. No.36365 of 2016 (3) dt.01-12-2016 2/3 the petition which reads as follows:- "For that the petitioner had kept the informant with honour and dignity but as matter of fact the informant present in the court and she is not ready to go her matrimonial house." It is also submitted that similar was the stand of the petitioner before learned Court below but the informant declined to accept the offer of the petitioner. The petitioner and the informant are present in the Court.
It is submitted by learned counsel for the informant that now the informant is ready to accept the offer of the petitioner provided she is being treated with dignity and honour.
Both sides agree to appear before learned Court below on 12th of December, 2016, when the petitioner will take the informant and children to keep them with full dignity and honour.
Considering the present 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 six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 110 of 2016.
Patna High Court Cr.Misc. No.36365 of 2016 (3) dt.01-12-2016 3/3 The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities i.e.
(i) On substantial restoration of the matrimonial harmony within a period of six months or (ii) If the informant fails to appear before learned Court below or (iii) If the informant is reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Shageer/- U T