IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.12839 of 2011
GAUTAM KUMAR
Versus
THE STATE OF BIHAR
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02. 25.04.2011 Heard learned counsel for the petitioner and
the State.
The petitioner, being husband, is
apprehending his arrest in a case registered under
section 498 (A), 323, 504, 34 of the Indian Penal
Code.
The marriage was performed in 2002 and
from the wedlock there are three children. Petitioner
is ready to keep the complainant as wife with full
dignity and honour and the same gets reflected from
the impugned order also. It is specifically denied
that the petitioner has not performed second
marriage, but the petitioner is apprehensive only
with conduct of the complainant as she used to run
away from the matrimonial house.
Considering the aforesaid facts, let the
petitioner, above-named, 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 in connection
with Complaint Case No. 564 of 2009 on furnishing
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bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction
of the learned S.D.J.M., Patna City subject to the
conditions as laid down under section 438(2) of the
Code of Criminal Procedure.
Let the learned court below issue notice to
the complainant and on appearance the petitioner
will take the complainant to the matrimonial house
to keep her as wife with full dignity and honour.
The learned court below will be at liberty to
confirm the provisional anticipatory bail of the
petitioner if the matrimonial harmony is substantially
restored or the complainant deliberately refuses to
reside with the petitioner.
SKM (Dinesh Kumar Singh, J.)