Patna High CourtCR. MISC./37315/2014disposed

Umesh Gupta v. State Of Bihar And ANR

2015-07-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37315 of 2014 Arising Out of PS.Case No. -1092 Year- 2011 Thana -WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN (BETTIAH) ====================================================== Umesh Gupta, son of Manager Gupta, R/o Village Khalwapatti, P.S. Dhanaha, District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Meera Devi, wife of Umesh Gupta, R/o Village Khalwapatti, P.S. Dhanaha, District West Champaran, At present D/o Hari Gupta, R/o Village Bhagwanpur, P.S. Bhitaha, District W. Champaran. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code. The petitioner is the husband and he is ready to keep his wife. On such, learned counsel for the complainant submits that the complainant is also willing to live with her husband. Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner for a period of six months on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties

Patna High Court Cr.Misc. No.37315 of 2014 (3) dt.27-07-2015 2/2 of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran in Complaint Case No. 1092 C of 2011, corresponding to Tr. No. 4939 of 2013.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

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