Navendu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29112 of 2015 Arising Out of PS.Case No. -1676 Year- 2012 Thana -MADHUBANI COMPLAINT CASE District- MADHUBANI ====================================================== Navendu Kumar S/o Bishnudeo Yadav Resident of Village Chhapradhi, P.S. Khajouli, District Madhubani, .... .... Petitioner

Versus

1. The State of Bihar.

2. Anuradha Kumari S/o Khushilal Yadav Resident of Village Bhelba, P.S. Jaynagar, District Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. A.A Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1676 of 2012, registered for the offences punishable under Sections 498A and other Sections of the Indian Penal Code. The petitioner is the husband. The complainant had filed a case bearing Jeevan Bheem Nagar P.S. Case No. 201 of 2013 at Bangalore (Karnataka) in which the petitioner has been granted anticipatory bail. The petitioner had also filed M.M. Case No. 242 of 2012 for restitution of conjugal rights but the wife refused to live with the husband. The complainant again filed the present case making same and similar allegation. This case was

Patna High Court Cr.Misc. No.29112 of 2015 (2) dt.24-07-2015 2/2 filed on 01.10.2012. The petitioner is ready to keep his wife. Learned counsel for the complainant submits that the wife is ready to live with her husband.

Considering the facts aforesaid and willingness of the parties, the petitioner above named is directed to surrender in the court below within four 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 complainant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Madhubani in connection with Complaint Case No. 1676 of 2012, 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 is not resolved within six months, the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) Rakhi/- U T