Satyendra Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39996 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Satyendra Ram son of Ramawatar Ram Resident of VillageLachhumanwa, P.S.- Ramgarhwa, District-East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Suganti Devi wife of Satyendra Ram, D/o Ruda; Ram Resident of Village-Lachhumanwa, P.S.- Ramgarhwa, District-East Champaran at Present resident of Village- Lachhnawta, P.S.-Palanwa, District-East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

On instruction it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour.

Patna High Court Cr.Misc. No.39996 of 2016 (2) dt.19-09-2016 2/3 Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows: " That the petitioner is still ready to keep the victim with full dignity and respect without any hesitation."

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 six 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, Raxaul at Motihari in connection with Complaint Case No. 33 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and 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 the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii)

Patna High Court Cr.Misc. No.39996 of 2016 (2) dt.19-09-2016 3/3 if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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