Kalamuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22930 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kalamuddin, son of SK. Samshuddin, resident of village- Semrahiya, P.S.- Banjaria, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nasrana Khatoon @ Ladli, wife of Kalamuddin, resident of VillageSemrahiya, P.S.- Banjaria, District- East Champaran, at present resident of Village- Jatwa, P.S.- Banjariya, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner apprehends his arrest in a case under Section 406, 498A and other sections of the Indian Penal Code and under section 3⁄4 of Dowry Prohibition Act. The wife has made allegation that the petitioner subjected her to physical and mental torture and the petitioner does not want to keep her. The petitioner demanded dowry also. The petitioner has already completed his B. Tech. degree and thereafter deserted her.

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

Patna High Court Cr.Misc. No.22930 of 2015 (3) dt.08-10-2015 2/2 The learned counsel for the informant also submits that the wife is ready to live with her husband provided her husband keeps her with full honour and dignity. Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within six weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner for six months on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sadar, Motihari, East Champaran in Turkauliya (Banjariya) P.S. case No. 95 of 2015.

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) BKS/- U T