Parmod Sah @ Pramod Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11478 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -JADIA District- SUPAUL ======================================================
1. Pramod Sah @ Pramod Sah, son of Ramchandra Sah, resident of Village-Jadia Ward No. 10, P.S.-Jadia, District-Supaul .... .... Petitioner/s
Versus
2. The State of Bihar
3. Archna Devi, wife of Pramod Sah, daughter of Arun Kumar Gupta, Village-Jadia, Ward No. 10, P.S.-Jadia, District-Supaul. At present residing at Village-Narayanpur(Madhurapur) Near Sareswat Austhan, P.S.-Narayanpur, District-Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A, 34 of the Indian Penal Code.
The basic accusation is of torture and making assault.
It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and birth of three children and out of the three children two are residing with the informant while one is with the petitioner. The petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is ready
Patna High Court Cr.Misc. No.11478 of 2016 (2) dt.09-03-2016 2/2 to keep his wife with full dignity and honour" It is further submitted that accusation of torture has been levelled after fourteen years of marriage and the injury has been found to be superficial, simple in nature. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Supaul in connection with Jadia P.S. Case No. 101 of 2015. Let learned Court below issue notice to the informant and fix a date for her appearance.
On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T