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Patna High CourtCR. MISC./41012/2014disposed

Rajesh Kumar v. State Of Bihar And ANR

2015-04-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41012 of 2014 Arising Out of PS.Case No. -4022 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Rajesh Kumar son of Brijnandan Choudhary, resident of villageMajhauli, P.S. Bidupur, District Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Annu Kumari wife of Rajesh Kumar (D/o Sri Suresh Rai) resident of village- Majhauli, P.S. Bidupur, District Vaishali presently residing at village Chand Sarai, P.S. Jandaha District- Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2015 Heard learned counsel for the petitioner, the informant and the State.

The petitioner apprehends his arrest in a case under section 498A I.P.C. and section 3 and 4 of the D.P.Act. It is submitted that husband and wife are willing to live together.

Considering the fact that husband and wife are willing to live together, the petitioner, who is husband, is directed to surrender in the court below and the court below shall enlarge him 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 court below in connection with Complaint Case No. CI-4022 of 2013 (Tr.No.3879 of 2014). subject to condition laid down u/s 438(2) Cr.P.C.

Patna High Court Cr.Misc. No.41012 of 2014 (2) dt.02-04-2015 The court below shall make effort to resolve the dispute between husband and wife. If the dispute is resolved, the court below shall confirm the provisional bail of the petitioner and if the dispute is not resolved, the court below shall pass order on merit on provisional bail of the petitioner.

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