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Patna High CourtCR. MISC./10869/2017disposed

Bhartendu Kumar v. State Of Bihar And ANR

2017-03-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10869 of 2017 Arising Out of PS.Case No. -1049 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Bhartendu Kumar, S/o Jagdamba Prasad, R/o Village - Vishambharpur, P.S. Bihta, District - Patna, At Mohalla - Lakhibag, Post Buniyadganj, P.S. Mufasil, District - Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. Seema Kumari, D/o Sri Ram Udeshy Singh, R/o Mohalla - New Bengali Tola, Post G.P.O., P.S. Jakkanpur, District - Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate.

For the Opposite Parties : Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1049(C) of 2013, registered for the offences punishable under Sections 498(A) of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

The complainant-wife made allegation against the petitioner that the petitioner was intending to marry with one Sunita of Jamshedpur and he used to talk with her. After marriage the petitioner subjected the complainant to all sorts of torture. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife on any undertaking. Considering the facts aforesaid, the petitioner above

Patna High Court Cr.Misc. No.10869 of 2017 (2) dt.24-03-2017 2/2 named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the 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 Learned Sub-Divisional Judicial Magistrate, Patna in Complaint Case No. 1049(C) of 2013, 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 does not resolve the court below shall pass order in accordance with law immediately after lapse of four months. (Prabhat Kumar Jha, J.) KKSINHA/- U T