Dijan Thakur @ Dijen Thakur @ Dijon Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25509 of 2015 Arising Out of PS.Case No. -2863 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Dijan Thakur @ Dijen Thakur @ Dijon Thakur S/o- Late Suchan Thakur, R/o- Lakhanpur, P.S.-Amdabad, Distt-Katihar .... .... Petitioner

Versus

1. The State of Bihar.

2. Meera Devi W/o- Dijan Thakur, R/o-Neerpur, Channighat, P.S.- Amdabad, Distt-Katihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Singh For the Opposite Parties : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2015 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 Section 498A/34 of the Indian Penal Code.

The basic accusation is of torture after thirty years of marriage.

On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant with full dignity and honour. A statement to that effect has been made in para 8 of the petition. The relevant portion of which reads as follows:- ".......................he is ready to keep his wife with honour and dignity............." Considering the present stand of the

Patna High Court Cr.Misc. No.25509 of 2015 (2) dt.01-07-2015 2/2 petitioner, 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 Sub-Divisional Judicial Magistrate, Katihar in connection with Complaint Case No. 2863 of 2012. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. 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 to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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