Mukesh Kumar Ravidas v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31234 of 2016 Arising Out of PS.Case No. -1027 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mukesh Kumar Ravidas, S/o Late Sita Ram Ravidas, resident of Dali Saman Chak, P.S.- Barh, District- Patna .... .... Petitioner/s
Versus
The State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 506, 420, 323, 120B of the Indian Penal Code. The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 9 of the petition which reads as follows:-
Patna High Court Cr.Misc. No.31234 of 2016 (2) dt.27-07-2016 "That the petitioner is, however, ready to keep the complainant with him as a legally wedded wife with all sorts of love, affection, dignity and respect."
It appears from the impugned order that it was initially submitted on behalf of the petitioner that the petitioner is ready to keep the complainant as wife, but on appearance of complainant the petitioner change his stand. It is further submitted that now the petitioner is ready to keep the complainant as wife with full dignity and honour. Considering the inconsistent stand of the petitioner as well as the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for three 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 Sub-Divisional Judicial Magistrate, Patna City in connection with Complaint Case No. 1027 of 2014, 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 complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.31234 of 2016 (2) dt.27-07-2016 reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T