Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15309 of 2020 Arising Out of PS. Case No.-82 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== MITHLESH KUMAR Son of Rajendra Chaudhary, Resident of Village - Kanjas, P.S.- Telhara, Distt.- Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sima Devi @ Sushila Devi W/o Mithlesh Kumar, D/o Devnandan Chaudhary, Resident of Village - Karhara, P.S.- Ghoshi, Distt.- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar,Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Mahila P.S. Case No.82 of 2018 registered under Sections 341, 323, 504, 506, 379, 498(A) and 34 of the Indian Penal Code. The wife of the petitioner made allegation that the petitioner subjected his wife to all sorts of torture and he has kept a concubine.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. Considering the willingness of the petitioner to keep his wife with all honour and dignity, the above named petitioner is directed to surrender in the court below within four weeks

Patna High Court CR. MISC. No.15309 of 2020(2) dt.09-09-2020 2/2 from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda in connection with Mahila P.S. Case No.82 of 2018, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C. Thereafter the court below shall make efforts for resolution of dispute between the husband and the wife. If the dispute is resolved amicably and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved amicably between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months. (Prabhat Kumar Jha, J) Harish/- U T