Sunil Kumar Paswan @ Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16678 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -MAHILA P.S District- SUPAUL ====================================================== Sunil Kumar Paswan @ Sunil Kumar Son of Sitaram Paswan, resident of village - Jolhaniya, Police Station - Pipra, Distt. - Supaul .... .... Petitioner

Versus

1. The State of Bihar

2. Baby Devi, Wife of Sunil Kumar Paswan @ Sunil Kumar, Daughter of Satyanarain Paswan resident of village - Rajganj, Police Station - Narpatganj, District - Araria .... .... Opposite Partiess ====================================================== Appearance :

For the Petitioner : Mr. Arun, Advocate.

For the Opposite Partyies : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.

The petitioner apprehends his arrest in Supaul (Mahila) P.S. Case No. 118 of 2014, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The wife of the petitioner made allegation that she was brutally assaulted and driven out from the house on 25.10.2014, but the case was lodged on 17.11.2014.

Learned counsel for the petitioner submits that the petitioner is still ready to keep his wife. The marriage was solemnized seven years ago, but on account of some family disputes the case has been lodged making false and frivolous

Patna High Court Cr.Misc. No.16678 of 2015 (2) dt.05-05-2015 2/2 allegation.

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 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 Shir Mukesh Kumar, the Learned Judicial Magistrate, Supaul in connection with Supaul (Mahila) P.S. Case No. 118 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