Rajesh Kumar Sah @ Rajesh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18770 of 2016 Arising Out of PS.Case No. -1602 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Rajesh Kumar Sah @ Rajesh Sah, son of Sri. Shankar Sah, resident of village-Arbanna Police Station-Barhara Kothi, District-Purnia .... .... Petitioner/s

Versus

1. The State of Bihar

2. Brahmdeo Sah, son of Umedi Lal Sah, resident of Village-Dhrari, Police Station-Mirganj, District-Purnia.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2016 The petitioner being husband of the daughter 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 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the daughter of the complainant and is ready to keep the daughter of the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is husband of the complainant's daughter namely Neelam Devi whose marriage was solemnized in the year 2012, according to the Hindu rites and customs

Patna High Court Cr.Misc. No.18770 of 2016 (2) dt.29-04-2016 2/2 and he is ready to keep her wife and two sons with him with full dignity, love and affection."

Considering the aforesaid stand of the 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-Judge, II, cum-Additional Chief Judicial Magistrate, Purnia in connection with Complaint Case No. 1602 of 2015.

Let learned Court below issue notice to the daughter of the complainant and fix a date for her appearance. On appearance, the petitioner will take the daughter of 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 daughter of the complainant fails to appear before learned Court below (iii) If the daughter of the complainant is reluctant to reconcile the issue.

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