Santosh Rajak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23988 of 2016 Arising Out of PS.Case No. -1619 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Santosh Rajak Son of Yugeshwar Rajak, Resident of village- Jibachchpur, Ward No. 2, P.S.- Banmankhi, District- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anita Devi Wife of Santosh Rajak, Daughter of Nunulal Rajak, Resident of village Bhidhhar Hat Ward No. 03, P.S. Fulkaha, Narpatganj, DistrictAraria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Adv. For the Opposite Party/s : Mr. Rajendra Pd. Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 379 of the Indian Penal Code.

The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.23988 of 2016 (2) dt.30-05-2016 2/2 "That the petitioner is the husband and he has been ready to keep the complainant with conjugal right and full dignity."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 3rd, Araria in connection with Complaint Case No. 1619C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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