Prem Shankar Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1489 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Prem Shankar Tiwary, S/O Shri Krishna Tiwary, R/O Vill+P.O+P.S - Nawhatta, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priti Devi, daughter of Arvind Pandey, Resident of Village - Shahpur, Post Office - Baulia, Police Station - Nauhatta, District - Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2017 Heard both sides.

The petitioner apprehends his arrest in Nauhatta P.S. case No. 64 of 2016 registered under Section 498(A) and other Sections of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act.

The informant/ wife made allegation that petitioner assaulted her due to non fulfillment of demand of dowry. The petitioner does not provide food to the informant and her children. The learned counsel for the petitioner submits that petitioner is ready to keep his wife. The petitioner never demanded any dowry nor tortured his wife and on account of some petty dispute his wife fled away from the house. The petitioner filed

Patna High Court Cr.Misc. No.1489 of 2017 (2) dt.17-01-2017 2/2 Matrimonial Suit No. 433 of 2016 for restitution of conjugal rights.

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 grant provisional bail to the petitioner for four months on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Dehri, Rohtas in Nauhatta P.S. Case No. 64 of 2016.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed. In case the petitioner does not keep his wife properly, 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