Sonu Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29947 of 2015 Arising Out of PS.Case No. -932 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Sonu Paswan Son of Nathuni Paswan, resident of village - Siyapokhar, P.S. Mohania, District - Kaimur at Bhabhua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nidhi devi, Wife of Sonu Paswan, D/o Sitaram Paswan, R/o Village - Siyapokhar, P.S. - Mohania, District Kaimur at Bhabua at present reside at village Sondihara, P.S. Mohania, District Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and the State.

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

The basic accusation is of torture.

On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para13 of the petition. The petitioner also filed a Matrimonial Case No. 168 of 2013 for restitution of conjugal rights,

Patna High Court Cr.Misc. No.29947 of 2015 (2) dt.29-07-2015 but in the said proceeding the complainant is evading to appear.

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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 932 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T