Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15363 of 2020 Arising Out of PS. Case No.-349 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== UDAY KUMAR Son of Murari Lal Chaudhary @ Murari Lal Resident of Village - Manikpur, P.O. - Dalmiya Nagar, Distt - Rohtas. (Sasaram) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Kumari Wife of Uday Kumar Resident of Village - Manikpur, P.O. - Dalmiya Nagar, Distt - Rohtas (Sasaram), At present, Sunita Kumari, D/o Nageshwar Chaudhary, R/O - Village and P.O. - Fakhrabad, Distt - Kaimur, Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-09-2020 Heard both sides.

The petitioner apprehends his arrest in Kudra case No. 349/ 2019 registered under Section 498A, 323, 406 of the IPC. The learned counsel for the petitioner submits wife of the petitioner filed Complaint case No. 1235/2019 on the basis of which the present FIR was registered. The informant alleged that that marriage was solemnized on 04.03.2016 but her husband and other in-laws started subjecting her physical and mental torture and her husband is bent upon to solemnize second marriage. It is submitted that the petitioner is ready to keep his wife with all honour and dignity.

Taking into consideration the facts aforesaid and the

Patna High Court CR. MISC. No.15363 of 2020(2) dt.10-09-2020 2/2 undertaking given by the petitioner that he is ready to keep his wife with all proper care, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for six months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Kaimur at Bhabua in connection with Kudra case No. 349/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after six months.