Raj Kishore Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17119 of 2015 Arising Out of PS.Case No. -1983 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Raj Kishore Prasad son of Rameshwar Sah Resident of village - Purani Bazar, Manjhagarh, Police Station - Manjhagarh, District - Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Poonam Devi wife of Raj Kishore Prasad Resident of village - Manjhagarh, Purani Bazar, Police Station - Manjhagarh, District - Gopalganj. At present daughter of Rajendra Prasad @ Rajan, Resident of village - Sasamusa Bazar, Police Station - Kuchaikote, District - Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate.

For the Opposite Parties : Smt. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioner being husband apprehends his arrest in Complaint Case No. 1983 of 2013, corresponding to Trial No. 3731 of 2014, registered for the offence punishable under Section 498A of the Indian Penal Code.

The marriage was solemnized 11 years ago. The petitioner is ready to keep his wife. The petitioner also filed a petition for restitution of his conjugal rights. Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order

Patna High Court Cr.Misc. No.17119 of 2015 (2) dt.22-05-2015 2/2 and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Tripathi the Learned Judicial Magistrate, 1st Class, Gopalganj in Complaint Case No. 1983 of 2013, corresponding to Trial No. 3731 of 2014, 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, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T