Sanjeev Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.25395 of 2014 (11) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25395 of 2014 Arising Out of PS.Case No. -2609 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Sanjeev Kumar Son of Sri Narayan Prasad Singh R/o Village Nipnia, P.O. Barauni, P.S. Phulwaria, district Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Prabha Kumari @ Sweeti Kumari D/o Sri Ram Udgar Rai, R/o Pasopur, P.s. Bhagwanpur, District Begusarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-03-2015 Heard learned counsel appearing for the petitioner/husband, learned counsel appearing for the State and learned counsel appearing for the complainant/wife. Learned counsel for the petitioner submits that petitioner is still ready to keep his wife although he has filed a divorce case much earlier to the present complaint case filed by his wife. Learned counsel for the complainant submits that complainant is also ready to live with her husband, provided her husband gives an undertaking that he would keep her properly and would not have any extra marital relation.

Learned counsel for the petitioner has denied the

Patna High Court Cr.Misc. No.25395 of 2014 (11) dt.20-03-2015 factum of second wife and he is ready to keep her properly and safely.

Considering the submissions of the learned counsel for the petitioner and his wife, the petitioner is directed to surrender in the court below within a period of 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 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 2609-C/2012, subject to the conditions laid down under sections 438 (2) Cr.P.C. If the petitioner files undertaking to keep his wife properly and safely, then the court below shall make effort to resolve the dispute between the husband and wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed. If the dispute is not resolved between the parties then the court below shall pass order on provisional bail on its own merit.

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