Panchanand Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4107 of 2017 Arising Out of PS.Case No. -889 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Panchanand Bhagat, Son of Late Mahabir Bhagat, resident of VillageBabhangama, P.S.- Bihariganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ekta Kumari @ Lakshmi Kumari, W/o Panchanand Bhagat @ D/o Vidyanand Bhagat, at present resident of Murliganj, Ward No.09, P.S.- Murliganj, District- Madhepura.

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Complaint Case No. 889C of 2015 instituted for the offence under Section-498A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is ready to keep the wife with full dignity and honour.

From the allegation made in the complaint, it appears that marriage of the petitioner with the complainant was performed in the year, 2013. Counsel for opposite party No. 2 has submitted that wife (opposite party No. 2 ) is always ready to live with the petitikoner provided he keeps her with full dignity and

Patna High Court Cr.Misc. No.4107 of 2017 (7) dt.03-01-2018 care.

In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Sri J.K. Kashyap, learned Judicial Magistrate-Ist Class/concerned court, Madhepura, within a period of four weeks from the date of receipt of the order in connection with Complaint Case No. 889C of 2015, along with Affidavit that he will keep the wife with full dignity and care. In the event the Court below finds that petitioner is willing to keep his wife with full dignity and care, the court below will release the petitioner on provisional bail to its own satisfaction for a period of nine months and will issue notice to opposite party No. 2 and in the event wife (opposite party No.

Patna High Court Cr.Misc. No.4107 of 2017 (7) dt.03-01-2018 provisional bail of the petitioner after nine months. It is made clear that in the event the petitioner does not surrender in the court below along with Affidavit, as ordered above, or the petitioner refuses to keep the wife on her appearance in court or wife during the period of monitoring makes complain about physical and mental torture committed by the petitioner, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T