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Patna High CourtCR. MISC./6132/2019disposed

Bharat Manjhi v. The State Of Bihar

2019-02-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6132 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== BHARAT MANJHI aged about 21 years(male) Son of Sadhu Manjhi Resident of Village-Mahammadpur, P.S.-Nagarnausa, District - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2019 Heard both sides.

The petitioner apprehends his arrest in Nagarnausa P.S. Case No.91 of 2018 registered under Sections 498A, 307 and other Sections of the Indian Penal Code.

The wife of the petitioner made allegation of torture on petty family disputes. She further alleged that her husband tied towel in her neck in order to kill her.

The learned counsel for the petitioner submits that all the allegations are false and concocted. On account of some family disputes, the wife of the petitioner left his house and lodged the case. Petitioner is ready to keep his wife. Considering the facts that petitioner is ready to keep his wife, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the

Patna High Court Cr.Misc. No.6132 of 2019(2) dt.04-02-2019 2/2 date of receipt of the order, on such, learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Nagarnausa P.S. Case No.91 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Learned court below shall take efforts to resolve the dispute between husband and wife. If the dispute is resolved, the learned court below shall confirm the provisional bail granted to the petitioner and if the dispute is not resolved and the petitioner fails to keep his wife properly, the learned court below shall pass order immediately after four months in accordance with law.

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