Dharmendra Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.5007 of 2018 (2) dt.01-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5007 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -MAHILA PS District- GOPALGANJ ======================================================
1. Dharmendra Prasad, son of Sri Radha Prasad, resident of VillageManichhapar, P.S.- Hathuwa, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-02-2018 Heard the learned counsel for the petitioner, learned counsel for the informant and learned A.P.P.
The petitioner apprehends his arrest in Gopalganj Mahila P.S. Case No.18 of 2017 registered under Sections 498(A)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
The learned counsel for the petitioner submits that the petitioner is ready to keep his wife, on such, the learned counsel for the informant submits that wife is ready to live with husband provided that her husband gives undertaking to keep her properly. 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
Patna High Court Cr.Misc. No.5007 of 2018 (2) dt.01-02-2018 and on such, the learned 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 learned Sub-Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj Mahila P.S. Case No.18 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Thereafter, the learned court below shall make all efforts for resolution of dispute between the husband and wife. If the petitioner keeps his wife properly, the learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner does not keep his wife properly in spite of the fact that the wife is willing to live with her husband, the learned court below shall pass the order on its own merit after expiry of six months.
(Prabhat Kumar Jha, J) Saurabh/- U T