Sikandar Thakur v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.46660 of 2013 (4) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46660 of 2013 ====================================================== Sikandar Thakur, son of Late Jagu Thakur, resident of Village- Bhataliaya, Police Station- Paroo, District- Muzaffarpur. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Kiran Kumari, wife of Sikandar Thakur, daughter of Anup Sharma, at present resident of Village- Imadpur, Police Station- Sahibganj, District- Muzaffarpur.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar Alok, Advocate. For the State : Mr. Pramod Kr. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1024 of 2011 Tr. No. 2179 of 2012 registered under Sections 498A/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is ready to keep the victim-wife with due dignity and honour, but victim-wife is not ready to stay at her Sasural. Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of copy of order in the court below shall be released on provisional bail for four months on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, (West) Muzaffarpur, in connection with Complaint Case No.1024 of 2011, Tr.No. 2179 of 2012, subject to condition as laid down under Section 438(2) of Cr.P.C. Further condition that in the

Patna High Court Cr.Misc. No.46660 of 2013 (4) dt.06-02-2015 meantime trial court shall call the victim-wife and if the victimwife is ready to live with the petitioner then petitioner shall keep the victim-wife with due dignity and honour and trial court shall confirm the bail bond of the petitioner. Further condition that if for any reason the victim-wife is not ready to live with the petitioner then petitioner shall pay Rs. 1200/- per month as maintenance till maintenance is fixed by the competent court and on being satisfied the trial court shall confirm the bail bond of the petitioner after four months. Further condition that petitioner shall appear on each and every date fixed in this case. m.p.

(Gopal Prasad, J) U T