Patna High CourtCR. MISC./31009/2014disposed

Baldeo Tiwari v. State Of Bihar And ANR

2015-03-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31009 of 2014 Arising Out of PS.Case No. -138 Year- 2013 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Baldeo Tiwari Son of Suresh Tiwari resident of village- Bakri, P.S.- Udwant Nagar, District- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nitu Tiwari D/o Satyendra Kumar Pandey resident of Near Yadav School, Maulabagh, P.O.- Ara, P.S. Town P.S. Ara District- Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Pathak For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2015 Heard both sides.

The petitioner apprehends his arrest in a case under section 498(A) and other sections of the I.P.C. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife.

It is submitted that the petitioner may be given a chance for resolving the dispute between the husband and the wife. On the other hand, learned counsel for the complainant has submitted that the petitioner is not willing to keep his wife. He executed a bond, but did not take his wife to his own house.

Patna High Court Cr.Misc. No.31009 of 2014 (3) dt.24-03-2015 2 / 2 Mr. Arun Kumar Srivastava, learned counsel for the petitioner submits that now he is willing from the core of his heart to resolve the dispute between the husband and wife. Considering the aforesaid facts, the petitioner is directed to surrender in the court of C.J.M., Bhojpur, Arrah, in connection with Bhojpur Mahila P.S. Case No. 138 of 2013 within four weeks from the date of receipt/production of a copy of this order, 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 the court below. The court below shall make efforts for resolution of the disputes. If the dispute is resolved, the court below shall confirm the provisional bail. If the dispute is not resolved, the court below shall order on merits on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J) B.Roy/- U