Mohram Mian v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27773 of 2015 Arising Out of PS.Case No. -1123 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Mohram Mian Son of Aziz Mian Resident of village - Bhawali Dih, P.O. Salempur, P.S. Tetaria, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Hasina Khatoon D/o Sahabuddin Mian resident of village - Anandi Chhapra, P.O. Basantpur, P.S. Sahwbganj, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Umanath Mishra(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) of the Indian Penal Code. The petitioner is husband and he is ready to keep his wife.

It is submitted that petitioner has not solemnized second marriage but his wife is not willing to live with him. Considering the willingness of the petitioner 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

Patna High Court Cr.Misc. No.27773 of 2015 (2) dt.22-07-2015 2/2 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 Sri Sanjiv Kumar Singh, learned Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 1123 of 2013 (Tr. No. 5391/14).

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