Pappu Ram @ Pappu Kumar Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26147 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -BHELDI District- SARAN ====================================================== Pappu Ram @ Pappu Kumar Ram son of Ajai Ram .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Renu Devi, D/O Umesh Ram .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2016 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the daughter of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/120B/382/34 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 daughter of the informant, though, the petitioner has filed Matrimonial Suit No.136/2015 with a prayer for annulment of marriage and, thereafter, the present FIR was registered.

It appears from the impugned order that the issue between the parties was reconciled in the mediation centre

Patna High Court Cr.Misc. No.26147 of 2016 (3) dt.09-09-2016 2/3 before the learned Court below but ultimately the matrimonial harmony could not be restored.

Learned counsel for the petitioner further submits that at present the petitioner is ready to keep the daughter of the informant as wife with full dignity and honour and withdraw the aforesaid matrimonial suit, though, statement to that effect has not been made in the petition.

Learned counsel for the informant submits that the daughter of the informant is ready to accept the offer of the petitioner.

The daughter of the informant and the petitioner both agree to appear before the learned court below on 22nd of September, 2016 when the petitioner will take the daughter of 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 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 Judicial Magistrate, 1st Class, Saran, Chapra, in connection with Bheldi P.S. Case No.193 of 2015, subject to the conditions as laid

Patna High Court Cr.Misc. No.26147 of 2016 (3) dt.09-09-2016 3/3 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 daughter of the informant fails to appear before the learned court below or (iii) if the daughter of the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ashwini/- U T