Bhola Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28237 of 2015 Arising Out of PS.Case No. -245 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Bhola Tiwary son of Late Badali Tiwary Resident of village and P.O. Sunderpur, Baraja, P.S. Bihiya, District - Bhojpur at Ara. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ras Bihari Thakur, Adv. For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioner apprehends his arrest in Bhojpur Mahila P.S. Case No. 245/2014, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code. The petitioner is the husband of the informant. Notice was issued to the informant but she refused to accept the notice and on such, the notice was affixed on the wall of her house. It is submitted that the petitioner is ready to keep his wife.

Considering the facts aforesaid, the petitioner above 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

Patna High Court Cr.Misc. No.28237 of 2015 (6) dt.29-10-2015 2/2 for six months after issuing notice to 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, Ara in connection with Bhojpur Mahila P.S. Case No. 245/2014, 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 between the husband and the wife is resolved amicably, 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