Gyan Singh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42646 of 2016 ====================================================== Gyan Singh Yadav, son of Rajnandan Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2016 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.8 of the petition. Heard learned counsel for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered 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 birth of child. The petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "That the petitioner is husband of the complainant and he has never demanded any dowry of the complainant, he is ready to keep her wife and son with full dignity on his own

Patna High Court Cr.Misc. No.42646 of 2016 (2) dt.28-09-2016 2/3 accordance."

It appears from the impugned order that on appearance before the learned Court below the complainant expresses her willingness to resume the conjugal life, but the petitioner refused to keep her.

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 20th of October, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 ACJM, Jehanabad, in connection with Complaint Case No.749/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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 informant fails to

Patna High Court Cr.Misc. No.42646 of 2016 (2) dt.28-09-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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