Chandra Shekhar Shalhaita v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43307 of 2014 Arising Out of PS.Case No. -91 Year- 2013 Thana -LAUKHA District- MADHUBANI ====================================================== Chandra Shekhar Shalhaita Son of Kailash Prasad Salhaita, Resident of Village-Nahari, P.S.-Laukaha, District-Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Devi (Yadav) D/o Late Nem Narayan Yadav Resident of VillageMestha, Ward No.-2, P.S.-Sirha, District-Sirha (Nepal) .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard both sides.
The petitioner apprehends his arrest in a case registered under Section 498(A) and other sections of the Indian Penal Code and Sections 3 / 4 of the D.P. Act. The case was sent for mediation but no settlement could be arrived at between the husband and the wife. The petitioner is husband and he is ready to keep his wife on any undertaking. Learned counsel for the complainant submits that if the petitioner has not solemnized second marriage, she is ready to live with the petitioner.
Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below
Patna High Court Cr.Misc. No.43307 of 2014 (3) dt.29-07-2015 2/2 shall, after issuing notice to the informant, grant provisional bail to the petitioner for six 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 the learned A.C.J.M., Jhanjharpur, Madhubani in Laukaha P.S. Case No. 91 of 2013. 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) Dilip/- U T