Sunil Bahardar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5367 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Sunil Bahardar son of Raj Kumar Bahardar, Resident of Village-Nayapatti Bistoriya Ward. No.- 12 P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sajana Devi, D/o Krityanand Bahardar, Resident of Village-Nayapatti Bistoriya, Ward No. 12, P.S.- Raniganj, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.379C of 2018 registered under Section 498A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

The case is fixed for today with a direction to the petitioner and complainant (opposite party no.2) to be present in court but the learned counsel for the petitioner submits that on account of flood, the petitioner could not come to the court. The complainant is present in court.

Learned counsel for the petitioner and learned counsel for the complainant submit that both parties are ready to live

Patna High Court CR. MISC. No.5367 of 2019(7) dt.17-07-2019 2/2 together after resolving their dispute.

Considering the willingness of both parties, the above named petitioner 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 four months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Complaint Case No.379C of 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 reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of four months.

(Prabhat Kumar Jha, J) Harish/- U T