The petitioner shall give an undertaking to the Court that he shall keep the informant in the matrimonial home with full dignity, honour and security: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 377120 Arising Out of PS. Case No. 37 Year 2020 Thana MAHILA P.S. District Nalanda Vishwajit Kumar Bharti @ Bittu aged about 24 years Gender Male Son of Vinod Paswan Resident of Village Bokna PS Rahui District Nalanda ... Petitioner s The State of Bihar 2. Gulafsa Nasreen age 22 years Gender Female Wife of Vishwajit Kumar Bharti @ Bittu Resident of Village Bokna PS Rahui District Nalanda ... Opposite Party s For the Petitioner s For the State Mr. Ajay Kumar Thakur Advocate Mr. Md. Arif APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16 08 2021 The matter has been heard via video conferencing 2. Heard Mr. Ajay Kumar Thakur learned counsel for the petitioner and Mr. Md. Arif learned Additional Public Prosecutorfor the State 3. The petitioner apprehends arrest in connection with Mahila PS Case No. 37 of 2020 dated 07.03.2020 instituted under Sections 376 313 506 and 377 34 of the Indian Penal 4. The allegation against the petitioner is that he had established physical relationship with the informant and also put vermilion on her forehead and had stated that now she was his wife and at that time she was carrying a foetus of four and a half Patna High Court CR. MISC. No.377120 dt.16 08 2021 months and later it has been alleged that the petitioner used to abuse her physically 5. On 20.07.2021 learned counsel for the petitioner on earlier occasion had submitted that without going in the merits as of now both the parties have affirmed affidavit on 13.08.2020 that they were living together as husband and wife. It was submitted that the Court may get such fact verified from the authorities 6. In view of such stand learned APP was required to obtain a report from the Superintendent of Police Nalanda with regard to the present status of the relationship between the petitioner and the informant opposite party no. 2 especially from the opposite party no. 2 as to whether she was living together with the petitioner out of her own free will 7. Learned APP submitted that the Superintendent of Police Nalanda has submitted a report dated 04.08.2021 which has also been brought before the Court to which is annexed the report of the SHO Mahila PS Nalanda as also the hand written statement of the informant opposite party no. 2 dated 01.08.2021 in which she has stated that after marriage she has been living well in the matrimonial home and that her expenses relating to studies Patna High Court CR. MISC. No.377120 dt.16 08 2021 was also being borne by her father in law i.e. father of the petitioner and that she has no grievance 8. Having regard to the fact that the petitioner is keeping the opposite party no. 2 in his house as his wife and that she has been accepted in the family and presently has no grievance the Court is inclined to grant pre arrest bail to the petitioner 9. Accordingly in the event of arrest or surrender before the Court below within six weeks from today the petitioner be released on bail upon furnishing bail bonds of Rs. 25 000 twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM Nalanda at Biharsharif in Mahila PS Case No. 320 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioner that the petitioner and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitionerthat the petitioner shall also give an undertaking to the Court that he shall keep the informant opposite party no. 2 in the matrimonial home with full dignity honour and security and shall take care of all her needs and that she shall be free to visit talk to or meet any person she desires without any let or hindrance by him or his family members and that the Patna High Court CR. MISC. No.377120 dt.16 08 2021 petitioner shall co operate with the Court and police prosecution Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of his bail bonds 10. It shall also be open for the prosecution and the informant opposite party no. 2 her guardians to bring any violation of the foregoing conditions of bail by the petitioner to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the 11. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The petitioner was taken into custody under Section 376 of the Indian Penal Code, “Punishment for rape”, section 313, “Causing miscarriage without woman’s consent”, section 506, “Punishment for criminal intimidation”, section 377, “Unnatural offences”, section 34 of the Indian Penal Code, “Acts done by several persons in furtherance of common intention”.  The present petition is in connection with Mahila PS Case No. 37 of 2020 dated 07.03.2020. In the high court of Judicature at Patna, this judgment was given by honorable Mr. Justice Ahsanuddin Amanullah on the 16th   of August 2021 in the case of Vishwajit Kumar Bharti @ Bittu versus the state of Bihar criminal miscellaneous No. 37715 of 2020, Mr. Ajay Kumar Represented as the advocate for the petitioner and Mr. Md. Arif represented the state of Bihar as the additional Public Prosecutor, the proceedings of the court were held via video conference. The following are the facts of the case, the petitioner was accused of abusing the informant physically, as he entered into a physical relationship with her and as a sign put vermilion on her forehead and stated that now she was his wife and as she becomes pregnant with a four and a half month baby and such allegations of physical abuse arose against the petitioner. The counsel representing the petitioner held that according to an affirmed affidavit on the 13th of August 2020, the parties were living as husband and wife together. The additional public prosecutor obtained a report from the superintendent of police in Nalanda, this report has been annexed before the court and it contains a handwritten statement of the informant party on the 1st of August 2021 and she has clearly emphasized that after marriage she has been living well in the matrimonial home and her husband’s family also supported her education and the expenses were paid for by the father-in-law ( the petitioner’s father) and she claimed that she has no further grievance against her husband and his family. The court held that since there is sufficient evidence according to the reports submitted after investigation, to prove that the wife is being treated well and has been accepted in the family and since there was no further grievance, therefore the court is inclined to grant pre-arrest bail to the petitioner. After considering the facts and circumstances of the case the high court of Patna held the petitioner will be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each to the satisfaction of the SDJM, in Mahila PS Case No. 37 of 2020, subject to conditions under Section 438(2) Cr.P.C., 1973  “(i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute the bond and give an undertaking with regard to the good behaviour of the petitioner (iii) that the petitioner shall also give an undertaking to the Court that he shall keep the informant-opposite party no. 2 in the matrimonial home with full dignity, honour and security and shall take care of all her needs and that she shall be free to visit, talk to or meet any person she desires, without any let or hindrance by him or his family members and (iv) that the petitioner shall co-operate with the Court and police/prosecution.” The court concluded that “Any violation of the terms and conditions of the bonds or the undertaking or failure to co-operate shall lead to cancellation of his bail bonds. 10. It shall also be open for the prosecution and the informant-opposite party no. 2/her guardians to bring any violation of the foregoing conditions of bail by the petitioner, to the notice of the Court concerned, which shall take immediate action on the same after giving the opportunity of hearing to the petitioner. The petition stands disposed of in the aforementioned terms.” Click here to read the judgment