Shri Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83995 of 2019 Arising Out of PS. Case No.-428 Year-2014 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SHRI RAM SINGH Son of Late Ramuna Singh Resident of VillageAlampur, P.S.- Shivsagar, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjani Devi Daughter of Shri Ram Surat Singh Presently residing at VillageNaraina, P.S.- Chenari, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the parties.

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 504 of the IPC. The prosecution case is that the marriage of the complainant with the petitioner was performed about 11 years prior to the lodging of the complaint and subsequently she was blessed with two children but the relationship went sour after several years of marriage. Ultimately, the torture was inflicted upon the complainant.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.83995 of 2019(2) dt.18-12-2019 2/3 that the petitioner admits his marriage with the complainant and birth of two children. The petitioner is still ready to keep her as wife with full dignity and honour. Statement to that effect has been made in paragraph 15 of the petition which reads as follows:

"That the petitioner is yet ready to keep the complainant with full love, dignity and honour and he is ready to enjoy the conjugal life together."

Considering the present stand of the petitioner, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Rohtas at Sasaram in connection with Complaint Case No. 428 of 2014 subject to the conditions laid down in Section 438(2) of the 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 the learned court below in three eventualities - (I)

Patna High Court CR. MISC. No.83995 of 2019(2) dt.18-12-2019 3/3 if the matrimonial harmony is substantially restored, or (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) anil/- U