Ajay Kumar @ Ajay Kumar Bhagat v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1647 of 2017 Arising Out of Complaint Case No. C-2 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT District- EAST CHAMPARAN (MOTIHARI) ====================================================== Ajay Kumar @ Ajay Kumar Bhagat, Son of Yogendra Bhagat, Resident of Village-Gausaghat, POlice Station-Darbhanga Sadar, District-Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rinki Devi, wife of Ajay Kumar @ Ajay Kumar Bhagat, D/o Vinod Kumar at present r/o village + P.O.-Laxmipur, Police Station-Razaul, District-East Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the informant.
Learned counsel for the State is not present. The petitioner apprehends his arrest in Trial No. 2906 of 2016 arising out of Complaint Case No. C-02 of 2016 instituted for the offence under Sections 498(A) and 323 of the Indian Penal Code.
The petitioner is husband. The report has been received from Patna High Court Mediation and conciliation Centre from which it appears that good conjugal relationship has been restored between husband and wife and both are living
Patna High Court Cr.Misc. No.1647 of 2017 (5) dt.23-03-2017 2/3 together happily.
The opposite party No. 2 has also stated that both are living together happily and leading good conjugal life. In such circumstances prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Trial No. 2906 of 2016 arising out of Complaint Case No. C-02 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at East Champaran, Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
The petitioner will file an affidavit at the time of his release that he will keep his wife with full honour and dignity and will not commit any physical and mental torture with her and in the event he commits physical and mental torture, the informant (wife) will be at liberty to take appropriate action for cancellation of bail bond of the petitioner.
It is mentioned in the report of the mediation centre that both parties have agreed to withdraw the cases filed against each other. This Court expects that after restitution of good
Patna High Court Cr.Misc. No.1647 of 2017 (5) dt.23-03-2017 3/3 conjugal relationship, both parties will take step for withdrawal of the cases instituted against each other.
(Sanjay Priya, J) S.Ali/- U T