Susheel Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33487 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Susheel Kumar S/o Late Om Prakash Yadav Resident of VillageMastipur Fatehapur, P.S.- Muffasil, District-Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajit Kumar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 504/34 of the Indian Penal Code.
The basic accusation is of torture after about six years of marriage. It is specifically alleged that the petitioner and others dragged the informant by catching hold of hair log and drove her from the matrimonial house.
It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. Statement to that effect has
Patna High Court Cr.Misc. No.33487 of 2016 (2) dt.09-08-2016 been made in para- 5 of the petition which reads as follows:- "That petitioner is ready to keep the victim girl with full dignity and honour."
It is further submitted that petitioner has filed Matrimonial Suit No. 86 of 2015 for restitution of conjugal life. Similar was the stand of the petitioner before the learned court below.
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 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 Additional Chief Judicial Magistrate-Vth, Begusarai in connection with Sahebpur Kamal P.S. Case No. 6 of 2016, 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 informant 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 within six months by the learned
Patna High Court Cr.Misc. No.33487 of 2016 (2) dt.09-08-2016 court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T