Chandan Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.28526 of 2015 (3) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28526 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -MAHILA PS District- JAMUI ====================================================== Chandan Kumar Son of Surendra Yadav Resident of Village - Pachouta, P.S. - Lakhisarai, District - Lakhisarai.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Roushani Devi Daughter of Lal Keshwar Yadav Resident of Village - Sarsa, P.S. - Sikandara, District - Jamui.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-10-2015 Heard both sides.

The petitioner apprehends his arrest in Jamui Mahila P.S. Case No. 2/2015, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code. The wife made allegation of demand of dowry and torture.

Sri Vindhyachal Singh, learned counsel for the petitioner submits that although the husband disputes the factum of marriage but he is ready to resolve the disputes amicably. He is ready to keep his wife.

Learned counsel for the informant submits that the wife is ready to live with her husband. Provided her husband

Patna High Court Cr.Misc. No.28526 of 2015 (3) dt.12-10-2015 keep his wife properly and with honour and dignity. Considering the facts aforesaid and the fact that both the parties are ready to resolve their disputes amicably, the petitioner above named is directed to surrender in the court below within six 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 four months, after informing learned counsel for the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui in connection with Jamui Mahila P.S. Case No. 02/2015, 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 amicably resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved amicably, the court below shall pass order in accordance with law on the provisional bail of the petitioner.

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