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Patna High CourtCR. MISC./4704/2017disposed

Awadhesh Ram @ Awadhesh Kumar v. State Of Bihar And ANR

2017-04-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4704 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -MAHILA PS District- JAMUI ====================================================== Awadhesh Ram @ Awadhesh Kumar, Son of Yadunandan Ram, Resident of Village:-Kundar, P.S.:- Chanan, District:-Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, Wife of Awadhesh Ram, Resident of Village:- Indape, P.S.:- Jamui, District:- Jamui.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 The petitioner is apprehending his arrest in connection with Mahila P.S.Case No. 23 of 2016, registered for offences punishable under Sections323, 341 and 498(A)/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that the petitioner is the husband and there is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is still ready to keep his wife with him. Heard learned A.P.P. also.

In this case notice was issued to the Opposite Party No. 2 considering the submission of the petitioner but despite service of notice neither she nor anybody appears on her behalf.

Patna High Court Cr.Misc. No.4704 of 2017 (4) dt.06-04-2017 2/2 Considering the aforesaid aspect of the petitioner, let the petitioner surrender before the court below within a period of 3 weeks and file a petition stating that he is still ready to keep the opposite party No. 2 with dignity and care, he would call upon the opposite party no. 2 to be present in Court and on a date fixed and after mediation and on being satisfied, the Court below will allow the petitioner and opposite party no. 2 to live together and release the petitioner on provisional bail of Rs. 25,000/- with two sureties to its own satisfaction for a period of six months and will watch their conduct on calling them on a date fixed in each month and after six months on being satisfied with the conduct of both the parties, the bail bonds of the petitioner shall be confirmed, otherwise the Court below is free to pass any order or orders as it may deem fit and proper.

Till surrender or for three weeks, no coercive step shall be taken against the petitioner.

The application is, accordingly, disposed of. (Vinod Kumar Sinha, J) S.Pandey/- U T