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Patna High CourtCR. MISC./32906/2014disposed

Mahesh Thakur v. State Of Bihar And ANR

2015-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32906 of 2014 Arising Out of PS.Case No. -2602 Year- 2011 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Mahesh Thakur son of Lal Thakur resident of village Rampur Runni, P.O. and P.S. Runni Saidpur, District - Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. Arti Devi wife of Mahesh Thakur, daughter of Gopal Sharma presently residing in village Batraul, P.O. and P.S. Lalganj, District Vaishali. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate.

For the Opposite Parties : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 2602 of 2011, corresponding to Tr. No. 2274 of 2014, registered for the offences punishable under Section 498A of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

Notice was issued to the Opposite Party No. 2 Arti Devi, the wife of the petitioner, but instead of service of notice the O.P. No. 2 did not appear.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife.

Considering the facts aforesaid, the petitioner above

Patna High Court Cr.Misc. No.32906 of 2014 (5) dt.23-06-2015 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, 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 2602 of 2011, corresponding to Tr. No. 2274 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