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Patna High CourtCR. MISC./30041/2015disposed

Dilip Singh v. State Of Bihar And ANR

2015-07-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30041 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dilip Singh Son of Jagarnath Singh, resident of village - Bairiya, P.S. - Kesariya, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rima Devi, Wife of Dilip Singh, resident of village - Bairiya, P.S. - Kesariya, District - East Champaran presently residing at VillageMahmada, P.S. - Patahi, District - East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. A.K. Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-07-2015 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 and he was married to the informant in the year 2002. The petitioner is ready to keep his wife but his wife does not want to live with him.

It is submitted that petitioner is always willing to keep his wife.

Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the

Patna High Court Cr.Misc. No.30041 of 2015 (2) dt.28-07-2015 2/2 court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner for four months 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 D. Kumar, learned Judicial Magistrate, 1st Class, Motihari in Kesariya P.S. Case No. 77 of 2015.

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