Pradeep Kumar @ Pradeep Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50419 of 2014 Arising Out of PS.Case No. -3304 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Pradeep Kumar @ Pradeep Kumar Gupta Son of Jai Prakash Gupta .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sneha Devi, wife of Pradeep Kumar Gupta, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 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 Section 498A of the Indian Penal Code.

The basic accusation is of torture.

The marriage between the petitioner and the complainant and out of the wedlock there is one child are admitted facts.

Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. Though it appears that petitioner has filed a Divorce Case No. 298 of 2012 which the petitioner is ready to

Patna High Court Cr.Misc. No.50419 of 2014 (2) dt.02-04-2015 2/2 withdraw.

Learned counsel for the complainant submits that the complainant accepts the offer of the petitioner. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No.3304 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. Both sides shall appear before the learned court below on 27th April 2015 when 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.