Parkash Mandal @ Prakash Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12125 of 2016 Arising Out of PS.Case No. -233 Year- 2014 Thana -RANIGANJ District- ARRARIA ======================================================

1. Parkash Mandal @ Prakash Mandal Son of Jagannath @ Jagannath Mandal, Resident of Village- Hingua, Police Station- Raniganj, DistrictAraria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nilam Devi Wife of Parkash Mandal daughter of Kirpanand Mandal, Resident of Village- Matyari, Police Station- Forbesganj, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

On instructions, it is submitted that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 12 of the petition which reads as follows:

"That the petitioner is husband and ready to keep his

Patna High Court Cr.Misc. No.12125 of 2016 (2) dt.14-03-2016 2/2 wife with full honour and dignity."

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM II, Araria in connection with Raniganj P.S. Case No. 233 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant 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) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T