Patna High CourtCR. MISC./27803/2016disposed

Mukesh Kumar v. State Of Bihar And ANR

2016-07-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27803 of 2016 Arising Out of PS.Case No. -622 Year- 2015 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Mukesh Kumar son of Gorakh Nath Prasad Resident of Village - Nawalpur, Police Station - Maharajganj, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rani Devi @ Bibha wife of Mukesh Kumar, D/o Bankey Prasad At present R/o Village - Jiroy, P.S. - Siwan (Muffasil), District - Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code. The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is ready to keep her wife complainant with full honour and dignity."

Patna High Court Cr.Misc. No.27803 of 2016 (2) dt.05-07-2016 2/2 Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Siwan in connection with Complaint Case No. 622 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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