Raja Gond v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17225 of 2017 Arising Out of PS.Case No. -68 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ======================================================
1. Raja Gond, son of Sharda Gond @ Sukhu Ustad, resident of villageSasaram(Adarsh Colony), P.S.- Sasaram, Dist.- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pushpa Devi, wife of Raja Gond, daughter of Madan Prasad, resident of Village- Sasaram Adarsh colony, Lane No. 6, P.S. Sasaram, DistrictRohtas. Presently residing at village- Jagdishpur Pasi Tola, P.S.- Jagdishpur, District- Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 05-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
None appears on behalf of the Opposite Party No.2. Petitioner apprehends his arrest in Mahila P.S. Case No.68 of 2015 instituted for the offence under Section(s) 323, 498-A, 504 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner is husband of the Opposite Party No.2. It has been submitted that he is ready to keep the wife-Opposite Party No.2 with full dignity and honour.
In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court
Patna High Court Cr.Misc. No.17225 of 2017 (6) dt.05-09-2017 2/3 below i.e. Sub-Divisional Judicial Magistrate, Bhojpur, Arrarh, within a period of four weeks from today in connection with Mahila P.S. Case No.68 of 2015, along with Affidavit that he will keep the wife with full dignity and care and in the event the Court below finds that petitioner is ready to keep the wife with full dignity and care, the court below will release the petitioner on provisional bail to its own satisfaction for a period of six months and will issue notice to the wife-Opposite Party No.2 and on appearance of Opposite Party No.
2, will try to reconcile the matter and will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the Court below shall confirm the provisional bail of the petitioner after six months.
Patna High Court Cr.Misc. No.17225 of 2017 (6) dt.05-09-2017 3/3 complain about physical and mental torture committed by the petitioner and the Court below is satisfied with such statement or on appearance of wife the petitioner does not become ready to take her with him, it will be open to the Court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court. The application is, accordingly, disposed off. (Sanjay Priya, J) JA/- U T