Patna High Court - Orders
Anirudh Singh & Anr vs State Of Bihar & Anr on 15 April, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11835 of 2010
RAJIV KUMAR SINGH,son of Anirudh Singh,
resident of village-Maridar,P.S.-Guthani,
District-Siwan,at present H.I.G.-23A,Subhash
Nagar, Maharajpur,P.S.-Adhartal,District-
Jabalpur, M.P. ........................... Petitioner
Versus
1. THE STATE OF BIHAR
2. Kumari Juhi Rai,wife of Sri Rajiv
Singh,H.I.G. 23A, Subhash Nagar,
Maharajpur,P.S.-Adhartal,District-
Jabalpur(M.P.), At present D/o Sri Bhola
Rai,resident of village-Patkhauli,P.O.-
Bagahin Bajar,P.S.-Kateyan,District-
Gopalganj,Bihar. ............... Opp.Parties
with
Cr.Misc. No.7574 of 2010
1. ANIRUDH SINGH,son of late Bishwanath
Singh
2. Fulshankar Devi,wife of Anirudh Singh
Both are resent of village-Maridar,
P.S.-Guthani,District-Siwan,at present
H.I.G.-23A, Subhash Nagar,Maharajpur,P.S.-
Adhartal,District-
Jabalpur,M.P. ..Petitioners
Versus
1. THE STATE OF BIHAR
2. Kumari Juhi Rai,wife of Sri Rajiv
Singh,H.I.G. 23A, Subhash Nagar,
Maharajpur,P.S.-Adhartal,District-
Jabalpur(M.P.), At present D/o Sri Bhola
Rai,resident of village-Patkhauli,P.O.-
Bagahin Bajar,P.S.-Kateyan,District-
Gopalganj,Bihar. ............... Opp.Parties
-----------
For the Petitioners :M/s Ashok Kr.Choudhary &
Ajat Shatru,Advocates
For Opp.Party No.2 :M/s Mannan Kr.Mishra(Sr.
(Advocate) & A.K.
Pandey,Advocate
For the State :Mr. Mritunjay Kr.Nirala,
Addl.P.P.
-----------
03/ 15-04-2010Heard the parties.
Petitioners in both the criminal miscellaneous petitions 2 apprehend their arrest in connection with Complaint Case No.2143 of 2008, corresponding to Trial No.2588 of 2009, in which cognizance has been taken under Section 498A of the Indian Penal Code.
Petitioners in Cr.Misc.No.7574 of 2010 are parents-in- law of the complainant, Kumari Juhi Rai, and petitioner in Cr.Misc.No.11835 of 2010 is the husband of the complainant. In compliance of the previous order dated 09-04-2010 all the three petitioners as also the complainant are physically present in the Court and they have been duly identified by their respective counsels. In compliance of the aforesaid order dated 09-04-2010, a supplementary affidavit on behalf of the petitioner, Rajiv Kumar Singh, and a separate affidavit on behalf of the complainant have been filed today in Court. Let both the affidavits be kept on record, which will form part of this order.
According to affidavits filed by the parties, petitioner, Rajiv Kumar Singh, and opposite party no.2 have decided to restore their matrimonial relationship. Petitioner, Rajiv Kumar Singh, has undertaken to keep the complainant, Kumari Juhi Rai, as his legally wedded wife with all dignity, comfort and honour. The complainant has also undertaken to live with the petitioner, Rajiv Kumar Singh, as his legally wedded wife and would fully co- operate in having happy conjugal relationship with him. Apparently, the parents-in-law have provided all helps to the petitioner, Rajiv Kumar Singh and opposite party no.2 to arrive at 3 the compromise.
In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners in both the cases shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Gopalganj, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
However, petitioner, Rajiv Kumar Singh, will take his wife along with him to Jabalpur, where he is working and it is hoped that he would not violate any of the terms and conditions, which have been put in the compromise petition and which have been recorded above in this order. Violation of any of the terms and conditions by petitioner, Rajiv Kumar Singh, would be construed as a misuse of the privilege of bail and consequence shall follow.
It is further hoped that if good matrimonial relationship between the petitioner, Rajive Kumar Singh, and his wife continues for some longer period, then they shall be at liberty to file a petition in the court below for deciding the case in terms of the compromise.
AH/ ( Birendra Prasad Verma, J.)