Patna High CourtCR. MISC./18747/2017bail granted

Niraj Kumar v. State Of Bihar And ANR

2017-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18747 of 2017 Arising Out of PS.Case No. -769 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Niraj Kumar Son of Mahendra Prasad, Resident of Village-Chadhuyan, P.S. Kurhani, District-Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kavita Kumari D/o Satyanarayan Rai, Resident of Village-Husainipur, P.S. Tisiauta, District-vaishali at Hajipur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Om Prakash Om For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. C1-769 of 2016, Tr.No. 2946 of 2016, registered for the offences punishable under Sections 498 (A) of the Indian Penal Code and Section 4 of D.P. Act.

It has been alleged that the petitioner tortured the informant and assaulted her for non-fulfillment of the demand of dowry.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with full honour and dignity. The complainant is also ready and willing to live with the petitioner.

Patna High Court Cr.Misc. No.18747 of 2017 (4) dt.10-07-2017 2/2 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 four 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 S.D.J.M., Vaishali at Hajipur in Complaint Case No. C1-769 of 2016, Tr.No. 2946 of 2016.

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) khushbu/- U T