Patna High CourtCR. MISC./12072/2017disposed

Kamlesh Kumar v. State Of Bihar And ANR

2017-05-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12072 of 2017 Arising Out of PS.Case No. -676 Year- 2016 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Kamlesh Kumar, S/o Naresh Chandra Jha, residing at Manik Sarkar Chowk, in front of Deepprabha Cinema Hall, Adampur, P.S.-Adampur, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Abhilasha Kumari, W/o Kamlesh Kumar and daughter of Abhinash Kumar Jha, resident at Mashakchak in front of East Bengal Store, P.S.- Adampur, District-Bhagalpur.

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

For the Petitioner/s : Mr. Rajni Kant Jha For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.676 of 2016 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the wife of the petitioner filed this complaint case after getting information that the petitioner filed divorce case, but the petitioner is ready to keep his wife.

Considering the facts aforesaid and the fact that the petitioner is willing to keep his wife, the petitioner is directed to

Patna High Court Cr.Misc. No.12072 of 2017 (2) dt.23-05-2017 surrender in the learned court below within four weeks from the date of receipt/production of a copy of this order and on such the learned 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 learned S.D.J.M., Bhagalpur in connection with Complaint Case No.676 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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 court below shall pass order on provisional bail of the petitioner in accordance with law immediately after expiry of four months.

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