Patna High CourtCR. MISC./1351/2019disposal with observation

Gorakh Kumar v. State Of Bihar And ANR

2019-01-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1351 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Gorakh Kumar son of Gupteshwar Singh, resident of village Bashagitiya, P.S.Bikramganj, Rohtas.

... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 Heard the parties.

Petitioners seek pre-arrest bail in Bhojpur Mahila P.S.Case No.83/18 registered under Section 498(A)/34 of I.P.C. and Section 3⁄4 of D.P.Act.

Allegation against the petitioner is of torturing his wife and demand of motor cycle and cash and due to nonfulfillment of dowry demand subjecting to cruelty. Submission on behalf of the learned counsel for the petitioner is that wife is not ready to live with him and the petitioner has already filed Matrimonial Case No.267/17 under Section 9 of Hindu Marriage Act for restitution of his conjugal life and he is ready to keep his wife with him. Heard the learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.1351 of 2019(2) dt.18-01-2019 2/2 circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within six weeks from today and upon his so surrendering the learned court below shall release him on provisional bail for three months to his own satisfaction in Bhojpur Mahila P.S.Case No.83/18. In the meantime, the court below shall issue notice to the wife and try to conciliate them and after conciliation it is found that the petitioner is not at fault and he is ready to keep her his provisional bail shall be confirmed otherwise the court below may pass any other appropriate order.

(Vinod Kumar Sinha, J) aks/- U