Sunil Saw v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42439 of 2014 Arising Out of PS.Case No. -145 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Sunil Saw, Son of Lal Bahadur Saw, Resident of Village - Puchanda, P.S. - Piro, District - Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar

2. Mamta Devi, Wife of Sunil Saw, D/O- Kishori Saw, Resident of Village - Devchanda, P.S. - Piro, District - Bhojpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rajendra Nath Sinha, Advocate.

For the Opposite Parties : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2015 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 145 of 2014, registered for the offences punishable under Sections 498A and 34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The petitioner is ready to keep his wife. Learned counsel for the informant drew my attention to the order passed by the learned Sessions Judge that the petitioner did not participate in the reconciliation between the husband and wife. It is further submitted that the wife is always ready to live with her husband. Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order

Patna High Court Cr.Misc. No.42439 of 2014 (3) dt.04-05-2015 2/2 and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Mahila P.S. Case No. 145 of 2014, 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 on the provisional bail of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T