Patna High CourtCR. MISC./11300/2017disposed

Dinesh Mistri v. State Of Bihar And ANR

2017-04-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11300 of 2017 Arising Out of PS.Case No. -1266 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Dinesh Mistri S/o Biren Mistri R/o Village - Nohatta, P.S. - Bihara, District - Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Puja Devi D/o Ramchandra Mistri, W/o Sri Dinesh Mistri R/o Village - Solahani, P.O. - Sukhpur, P.S. - Supaul, Dist. - Supaul. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Naresh Kumar Mehta, Advocate.

For the Opposite Parties : Ms. Renu Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1266C/2015 registered for the offences punishable under Sections 498A and 504 of the Indian Penal Code. The petitioner is husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife but wife, herself, does not want to live with the petitioner.

Considering the facts aforesaid and the fact that the petitioner is ready to keep his wife on any undertaking, the petitioner above named is directed to surrender in the court below within four weeks and on such the court below shall enlarge the

Patna High Court Cr.Misc. No.11300 of 2017 (2) dt.04-04-2017 2/2 petitioner 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 Additional Chief Judicial Magistrate III, Supaul in Complaint Case No. 1266C/2015, 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 four months on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T