Shiv Charan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27760 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -MAHILA P.S. District- SEKHPURA ======================================================

1. Shiv Charan Prasad Son of Late Bhattu Mahto Resident of village - Alinagar, P.S. Harnaut, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A) and other sections of the Indian Penal Code.

The petitioner is husband. The wife has made specific allegation that the petitioner subjected her to physical and mental torture. The informant was married to the petitioner in the year 2003. From the perusal of the order sheet, it appears that the informant was ready to live with her husband and settle the matrimonial dispute but the petitioner was not ready to keep his wife when he was called upon by learned Sessions Judge. It is submitted that the petitioner has undertaken to keep his wife.

Patna High Court Cr.Misc. No.27760 of 2015 (2) dt.22-07-2015 2/2 Considering the fact that the petitioner has undertaken to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura, in Sheikhpura Mahila P.S. Case No. 27 of 2014. The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

(Prabhat Kumar Jha, J) BKS/- U T