Rabindra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29313 of 2015 Arising Out of PS.Case No. -3373 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Rabindra Kumar S/o Late Asrfi Ram Resident of Village Narharpur, P.S. Marhowra, District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Fulmati Devi W/o Raj Narayan Ram Village Gamhariya, P.S. Baniyapur, District Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the daughter 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.

The petitioner admits marriage with the daughter of the complainant. On instructions, it is submitted that the petitioner is ready to keep the

Patna High Court Cr.Misc. No.29313 of 2015 (2) dt.27-07-2015 2/3 daughter of the complainant as wife with full dignity and honour. 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 live with Sunita Devi, daughter of the complainant (O.P. No.2)." 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Saran at Chapra in connection with Complaint Case No. 3373 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the daughter of the complainant and on her appearance the petitioner will take the daughter of 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

Patna High Court Cr.Misc. No.29313 of 2015 (2) dt.27-07-2015 3/3 - (i) if the matrimonial harmony is substantially restored or (ii) if the daughter of the complainant fails to appear before the learned court below or (iii) if the daughter of the complainant deliberately gets reluctant to reconcile the issue.

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