Raju Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16299 of 2017 Arising Out of PS.Case No. -1632 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Raju Sharma S/o Rishimuni Sharma, Resident of Village- Mujauna, P.O.- Ajuwa, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Phulchuni Devi, W/o Raju Sharma, D/o Kapildeo Sharma, Resident of Village- Tikul Tola, Bairia Dih, P.O.- Bhitiharawa Ashram, P.S.- Gaunaha, District- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Rajendra Nath Jha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 The petitioner apprehends his arrest in Complaint Case No. 1632-C of 2015 registered for the offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The complainant who is the wife of the petitioner made allegation of demand of dowry and torture against the petitioner.

Leanred counsel for the petitioner submits that the petitioner is ready to keep his wife on any undertaking. The petitioner has earlier filed a petition for restitution of conjugal rights.

Patna High Court Cr.Misc. No.16299 of 2017 (2) dt.02-05-2017 2/2 Considering the facts that the petitioner is still ready to keep his wife, the above named petitioner is directed to surrender in the court below within six weeks from the date of receipt of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six 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, Bettiah, West Champaran in connection with Complaint Case No. 1632-C of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The court below shall thereafter make efforts for reconciliation of the dispute between the husband and wife.

If the petitioner keeps his wife properly, the learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner fails to keep his wife properly, the learned court below shall pass order in accordance with law immediately after expiry of six months on the provisional bail of the petitioner.

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