Arbind Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44178 of 2014 Arising Out of PS.Case No. -70 Year- 2014 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arbind Sah S/o Late Laxmi Narayan Sah R/o village- Kundwa Chainpur, P.S.- Kundwa Chainpur, District- East Champaran, Motihari .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kavita Kumari, W/o Arbind Sah, Rajkiya Middle School, Chainpur, Block - Dhaka, District - East Champaran, Motihari. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 10-09-2015 The office note dated 09.09.2015 reflects that O.P. No. 2, though, received the notices, but refused to give receiving of the same. In the circumstances, the notices are treated to be deemed valid service.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph 10 of the petition, which reads as

Patna High Court Cr.Misc. No.44178 of 2014 (05) dt.10-09-2015 2/2 follows:- "That the petitioner is ready to keep informant, as wife with all respect and dignity but informant herself is not ready to live with him."

Considering the aforesaid facts, 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 Sub-divisional Judicial Magistrate, Sikrahana, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 70 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The grant of bail to the petitioner will not preclude the informant to resume the conjugal life. If she files such application before the learned court below then petitioner will be obliged to comply the undertaking given before this Court.

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