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Patna High CourtCR. MISC./19037/2016disposed

Sri Ram Kumar @ Shreeram v. The State Of Bihar

2016-07-01Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19037 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -MAHILA P.S. District- SEKHPURA ====================================================== Sri Ram Kumar @ Shreeram Son of Sri Baleshwar Yadav resident of village - Nasaratpur, P.S. Barbigha, District - Sheikhpura .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Opposite Party/s : Mr. R.B.Ray Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323, 379 and 498A/34 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 informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 3 of the supplementary affidavit which reads as follows:- "That it is humbly submitted that petitioner is ready to keep his wife and also ready for compromise with his wife."

Patna High Court Cr.Misc. No.19037 of 2016 (3) dt.01-07-2016 2/3 It appears from the impugned order that before the learned court below the petitioner refused to keep the informant as wife but it is submitted by learned counsel for the petitioner that now the petitioner is ready to keep the informant as wife with full dignity and honour.

Learned counsel for the informant, on instruction, submits that the informant is ready to accept the offer of the petitioner.

Both sides agree to appear before the learned court below on 8th of July, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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 CJM, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 26 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial

Patna High Court Cr.Misc. No.19037 of 2016 (3) dt.01-07-2016 3/3 harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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