Santosh Paswan @ Santosh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10851 of 2017 Arising Out of PS.Case No. -775 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Santosh Paswan @ Santosh Kumar Son of Suchit Paswan Resident of Village- Manghiyawan, P.S.- Konch, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Beena Devi Wife of Santosh Paswan, Daughter of Dev Raj Paswan Resident of Village- Manghiyawan, P.S.- Konch, District- Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar, Advocate.

For the Opposite Parties : Mr. Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 775 of 2015 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The complainant alleged that she was married to the petitioner but later on the petitioner solemnized second marriage. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife on such learned counsel for the complainant also submits that the complainant is ready to live with her husband provided her husband keeps her properly. Considering the facts aforesaid and the fact that the husband and wife are ready to live together, the petitioner above

Patna High Court Cr.Misc. No.10851 of 2017 (5) dt.04-07-2017 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 for six months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-Xth, Gaya in Complaint Case No. 775 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. If the petitioner keeps his wife properly the court below shall confirm the provisional bail of 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 six months.

(Prabhat Kumar Jha, J.) KKSINHA/- U T