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Patna High CourtCR. MISC./18140/2017disposed

Krishan Sah @ Krishna Sah v. State Of Bihar And ANR

2017-05-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18140 of 2017 Arising Out of PS.Case No. -1 Year- 2010 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Krishan Sah @ Krishna Sah, S/o Pokharaj Sah, R/o Village- Bhadeya, P.O.- Basantpur, P.S. Ara, Muffasil, District- Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Mira Devi, W/o Krishan Sah, D/o Late Ramekbal Sah, R/o VillageBhadeya, P.O.- Basantpur, P.S. Ara Muffasil, District- Bhojpur, at present Village- Bagmachaua Sundarpur, P.S. Koilwar, District- Bhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Singh, Advocate.

For the Opposite Parties : Mr. B.N. Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.

The petitioner apprehends his arrest in Bhojpur Complaint Case No. 01(C) of 2010, registered for the offences punishable under Sections 498(A) and 379 of the Indian Penal Code.

The complainant is the wife of the petitioner. Learned counsel for the petitioner submits that the marriage was solemnized in the year 1995. The petitioner got two children from the wedlock and he is still ready to live with his wife on any undertaking. The petitioner has not solemnized second marriage. considering the facts that the petitioner is ready to keep his wife on any undertaking, the petitioner above named, is

Patna High Court Cr.Misc. No.18140 of 2017 (2) dt.15-05-2017 2/2 directed to appear in court and on such 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 Learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in Bhojpur Complaint Case No. 01(C) of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved the court below shall pass order in accordance with law immediately after lapse of six months on the provisional bail of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T