Ramanuj Chaudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37577 of 2015 Arising Out of PS.Case No. -904 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Ramanuj Chaudhary, S/o Ram Bachchan Choudhary, resident of Daidaha Tola, P.S.-Dinara, District- Rohtas .... .... Petitioner/s
Versus
1. State of Bihar
2. Smt. Gayatri Devi, D/o Shri Bhagadu Chaudhary, R/o village- Garura, P.S.- Karakat, District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 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 Section 498A of the Indian Penal Code.
The basic accusation is of torture.
On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para10 of the petition which reads as follows:- "That it is most humbly submitted that the door of justice must be wide open at the first knock of the door at
Patna High Court Cr.Misc. No.37577 of 2015 (2) dt.18-08-2015 the first bell of alarm and at the first cry of invasion and while in the instant case, the petitioner being absolutely innocent having clean past antecedent, and is still ready to keep his wife with all dignity, love and affection has come under the shelter of this Hon'ble Court for his release on anticipatory bail."
It is submitted that during reconciliation the complainant has refused to live with the petitioner. Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail 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 Sri Dipak Kumar, Judicial Magistrate, Ist Class, Bikramganj in connection with Complaint Case No. 904 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
If complainant files an application for resuming conjugal life then the learned court below will issue notice to the petitioner when the petitioner will be obliged to comply the undertaking given before this Court.
(Dinesh Kumar Singh, J) P.K./- U T