Radheshyam Kushwaha @ Motichand Kushwaha @ Motichandra Kushwaha @ Radheshyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47018 of 2016 Arising Out of PS.Case No. -21 Year- 2014 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Radheshyam Kushwaha @ Motichand Kushwaha @ Radheshyam @ Motichandra Kushwaha son of Indrasan Kushwaha, resident of villageChak Tola Raypatti, P.S. Bishanpura, District- Kushinagar (U.P.). .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-10-2016 Petitioner, being the husband of the informant, is languishing in custody since 11.7.2016 in a case registered for the offences under Sections 498(A), 494/34 of the Indian Penal Code. The prosecution case is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and birth of a child. Petitioner is still ready to keep the informant as wife with full dignity and honour. It is further submitted that the petitioner has not performed second marriage. A statement to that effect has been made in para 11 of the petition which reads as follows :- " That the petitioner has never married to another lady as alleged against him as in the F.I.R. because only it is stated against the petitioner that the threatening for marriage of another lady was being given to the

Patna High Court Cr.Misc. No.47018 of 2016 (2) dt.26-10-2016 2/3 informant."

It is submitted by learned counsel for the informant that the petitioner has performed second marriage and a false statement has been made in para 11 of the petition that petitioner has not performed second marriage. However, informant is ready to accept the offer of the petitioner of resuming conjugal life. Considering the fact that the investigation has concluded, let the petitioner above named be released on bail provisionally for a period of three months on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha, West Champaran in connection with Thakaraha P.S. Case No.21 of 2014.

Both sides agree to appear before learned Court below on 15th November, 2016, when the petitioner will take the informant and the child to keep them with full dignity and honour. The provisional 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 gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) N.H./-

Patna High Court Cr.Misc. No.47018 of 2016 (2) dt.26-10-2016 3/3 U T