Ajay Das v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34837 of 2014 Arising Out of PS.Case No. -145 Year- 2013 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Ajay Das son of Late Mahendra Das, Resident of Village- Maithi, P.S. Gaighat, Distt- Muzaffarpur.
.... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Najir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner, the informant and learned APP.
The petitioner apprehends his arrest in a case under section 498A and other sections of the I.P.C. The O.P.No.2 also appears. The petitioner is ready to keep his wife with dignity.
It is submitted that the wife earlier filed a case in the year 2003 which was compromised. Again this case was filed in 2014.
Learned counsel for the informant submits that the informant is also ready to live with her husband provided he undertakes to keep her with honour and dignity. Considering the fact that husband and wife are ready to live together, the petitioner is directed to surrender in the court below and the court below shall enlarge him on provisional bail, after issuing notice to the complainant, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M, Muzaffarpur in connection with Gaighat P.S. Case No. 145 of 2013, subject to condition laid
Patna High Court Cr.Misc. No.34837 of 2014 (4) dt.19-05-2015 2/2 down u/s 438(2) Cr.P.C.
The court below shall make effort to resolve the dispute between husband and wife. If the dispute is resolved, the court below shall confirm the provisional bail of the petitioner and if the dispute is not resolved, the court below shall pass order on the merit on provisional bail of the petitioner.
(Prabhat Kumar Jha, J) ahk/- U T