Amrit Ranjan Kumar @ Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33896 of 2015 Arising Out of PS.Case No. -27921 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Amrit Ranjan Kumar @ Sanjay Kumar aged about 28 years son of Satya Narayan Baitha/Rajak Resident of Mohalla- Krishnapuri, Bagmali, P.O.- Hajipur, P.S.- Sadar Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rupa Devi wife of Amrit Ranjan Kumar @ Sanjay Kumar and daughter of Suresh Ram Rajak @ Suresh Baitha, at present residing atPatrakarnagar, C-17, tenat in the house of Ramji Singh, P.O+P.S.- Patrakarnagar, Distrct- Patna.

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

For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Uma Shankar Prasad Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 324, 341/34 of the Indian Penal Code.

The basic accusation is of torture.

On instruction, it is submitted by learned counsel for the petitioner that petitioner admits the marriage with the complainant and he is ready to keep the complainant and three children with full dignity and honour. A statement to that effect has been made in para 9 of the petition. The relevant

Patna High Court Cr.Misc. No.33896 of 2015 (2) dt.13-08-2015 2/3 portion of which reads as follows:- "That the petitioner is always ready to keep his wife and family with him at his job place..................."

It is submitted by learned counsel for the complainant, on instruction that complainant is ready to accept the offer of the petitioner but petitioner never appeared before learned Court below at the time of hearing of the anticipatory bail application for settling the issue. Both sides agree to appear before learned Court below on 26th of August, 2015, when the petitioner will take the complainant and children to keep them with full dignity and honour.

Considering the aforesaid stand of the parties, 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 one year 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, Patna in connection with Complaint Case No. 27921(C) of 2014. 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 one year (ii) If the complainant fails

Patna High Court Cr.Misc. No.33896 of 2015 (2) dt.13-08-2015 3/3 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T