Satish Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9579 of 2019 Arising Out of PS. Case No.-776 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SATISH KUMAR Son of Raghunath Paswan Resident of Village and P.O. - Nakta, P.S.- Motipur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Puja Kumari W/O Satish Kumar, D/O Uma Shankar Paswan at present resident of mohalla- P and T Colony, Gosala Road, P.S. Mithanpura, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.776 of 2015 registered for offences punishable under Sections 148, 323, 324, 307, 354, 504, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act..

Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand.

Submission of the learned counsel for the petitioner is that he is still ready to keep her and in that connection , he has filed Matrimonial Case No.15 of 2018 before the Family Court, Muzaffarpur for restitution of the conjugal right under 9 of the Hindu Marriage Act.

Heard learned A.P.P. and the learned counsel for the O.P.no.2. Learned counsel for the O.P.no.2 has submitted that

Patna High Court CR. MISC. No.9579 of 2019(5) dt.07-05-2019 2/2 she is not ready to reside with the petitioner due to his cruelty and she is ready for one time settlement.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of receipt of the order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, East, Muzaffarpur in connection with Complaint Case No.776 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that both the parties shall appear for reconciliation for one time settlement before the Family Court Muzaffarpur in Matrimonial Case No.15 of 2018 and the learned Family Court is also directed that if both the parties appear, he will take up this matter and try for an amicable settlement between the parties.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T