Manoj Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.778 of 2020 Arising Out of PS. Case No.-63 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== MANOJ KUMAR CHAUHAN, Son of Arjun Chauhan, Resident of Village and P.O.- Pachlakhi, P.S.- Nautan, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gudia Devi, Wife of Manoj Kumar Chauhan, D/o Sudarshan Mahto At present R/o Village- Dhanauti Hata, P.S.- Hasanpurar M.H. Nagar, DistrictSiwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2021 Heard both sides.

The petitioner apprehends his arrest in Siwan Mahila P.S. Case No. 63 of 2018, registered for the offences punishable under Sections 323, 307, 498A, 504, 506 and 34 of the Indian Penal Code.

Petitioner is husband of the informant.

Learned counsel for the petitioner submits that no specific allegation is made against the petitioner. Petitioner is ready to keep his wife.

Learned counsel for the petitioner further submits that on telephonic conversation his client informed him that his wife is living with him.

Patna High Court CR. MISC. No.778 of 2020(3) dt.08-03-2021 2/2 Taking into consideration the facts that petitioner is willing to keep his wife with all honour and dignity after sinking all the differences between them, the petitioner, above named, is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Siwan in connection with Siwan Mahila P.S. Case No. 63/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.

C and the court below shall make efforts for resolving the dispute between the husband and the wife and if the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the court below shall pass order in accordance with law after lapse of six months under the provisional bail of the petitioner.

(Prabhat Kumar Jha, J) rakhi U T