Bikash Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10642 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Bikash Mandal Son of Late Malik Rai Resident of Devangi, P.S. - Gerabari, District - Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Khera Devi Daughter of Daurki Mandal and wife of Bikash Mandal Residing at Village Suraha, P.S. Kharik, District Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Naugachia Mahila P.S. Case No. 33 of 2016 initiated for the offence under Sections-498A, 341, 323, 504/34 of the Indian Penal Code.//// The petitioner is husband. The notice was issued to opposite party No. 2 which has validly been served but none appeared on behalf of opposite party No. 2.
The petitioner is ready to keep the informant (his wife) with full honour and dignity.
In such circumstances, this application is disposed of with direction to petitioner to surrender before the court below i.e. learned Sub Divisional Judicial Magistrate, Naugachia, Bhagalpur
Patna High Court Cr.Misc. No.10642 of 2017 (4) dt.27-04-2017 2/3 within a period of four weeks from today in connection with Naugachia Mahila P.S. Case No. 33 of 2016 along with affidavit that he will keep the wife with full dignity and care and in the event, the court below finds that petitioner is ready to keep the wife with full honour and dignity, the court below will release the petitioner on provisional anticipatory bail on its own satisfaction for a period of six months and will issue notice to the wifeopposite party No. 2 and on appearance of opposite party No.
2, will try to reconcile the matter and will monitor the relationship between the parties by calling both of them every month in the court and in the event, the court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the court below shall confirm the provisional bail of the petitioner after six months.
It is made clear that in the event the petitioner does not surrender in the court below along with affidavit, as ordered above, or during the period of monitoring the wife makes
Patna High Court Cr.Misc. No.10642 of 2017 (4) dt.27-04-2017 3/3 complain about physical and mental torture committed by the petitioner or on appearance of wife the petitioner does not become ready to take her with him, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this court. (Sanjay Priya, J) A.K.V./- U T