Binod Prajapati v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20117 of 2015 Arising Out of PS.Case No. -3027 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Binod Prajapati son of Janaki Prajapati Resident of village - Kharesar, Post Office - Tikampar, Police Station - Bhatpar Rani, District - Deoriya (U.P.). .... .... Petitioner

Versus

1. The State of Bihar.

2. Sharda Devi wife of Binod Prajapati Resident of village - Kharesar, Post Office - Tikampar, Police Station - Bhatpar Rani, District - Deoriya (U.P.) At present daughter of Late Indar Pandit, Resident of village - Rudalpur, Tola Hira Pakar, Police Station - Bhorey, District - Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

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

For the Opposite Parties : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioner being husband apprehends his arrest in C. Case No. 3027 of 2012, corresponding to Trial No. 4133 of 2014, registered for the offence punishable under Section 498A and other Sections of the Indian Penal Code.

The petitioner is ready to keep his wife. The marriage of the petitioner was solemnized with the complainant in the year 1990. It is submitted that after 25 years of marriage the wife made false and frivolous allegation against the petitioner. Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four

Patna High Court Cr.Misc. No.20117 of 2015 (2) dt.22-05-2015 2/2 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 Learned Sub-Divisional Judicial Magistrate, Gopalganj in C. Case No. 3027 of 2012, corresponding to Trial No. 4133 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