Laltu Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34317 of 2016 Arising Out of Complaint Case No. -268 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Laltu Tiwary, son of Sital Tiwary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2016 Heard learned counsels for the petitioner, complainant and the State.

The petitioner is languishing in custody since 21.06.2016 in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under section 498A of the Indian Penal Code.

Basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant with full dignity and honour, though statement to that effect has not been made in the petition. It appears that similar was the stand of the petitioner before the learned Court below when the petitioner

Patna High Court Cr.Misc. No.34317 of 2016 (2) dt.11-08-2016 2/2 was granted provisional anticipatory bail but the matrimonial harmony could not be restored.

It is submitted by learned counsel for the complainant that the complainant is ready to accept the offer of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on bail provisionally for four months, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Saran, Chapra, in connection with Complaint Case No.268-C/2012.

It is expected from the learned Court below to make an effort to get the issue reconciled between the parties. In the event of substantial restoration of matrimonial harmony or; the complainant gets reluctant to reconcile the issue, the provisional bail of the petitioner will be confirmed by the learned Court below.

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