Raj Mohan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25973 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== RAJ MOHAN MISHRA S/o Late Bindeshawar Mishra R/o village- Sakhe Khas, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Madhu Devi D/o Vedanti Pandey, W/o Raj Mohan Mishra R/o villageUchakagaon, P.S.- Uchakagaon, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Uchakagaon P.S.Case No.52/19 , registered for offences punishable under Sections 323, 498A, 406, 504/34 of the Indian Penal Code.

Allegation against the petitioner is about demand and torture.

Submission of the learned counsel for the petitioner is that he is still ready to keep O.P.no.2 -wife with dignity and care and on the above submission the matter was referred to thP Patna High Court Mediation and Reconciliation Centre on appearance of O.P.no.2 but the mediation failed. The petitioner

Patna High Court CR. MISC. No.25973 of 2019(3) dt.23-07-2019 2/3 still stands of his submission that he is ready to keep her with dignity and care.

On the other hand learned counsel for the O.P.no.2 has submitted that he has filed a divorce petition but in spite of that if he is ready to keep her , O.P.no.2 has no objection and on that the petitioner has submitted that he will withdraw the divorce application.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender on 4.8.2019 before the learned court below and on that day O.P.no.2 shall also remain present in the court and further on filing an affidavit by the learned counsel for the petitioner that he is ready to take her from the court and keep her with dignity and care also and withdraw the divorce case filed against the o.P.no.2, the petitioner shall be released on provisional bail in connection with Uchakagaon P.S.Case No.52 of 2019 for a period of six months and during that period, both the parties has to appear before the court below in the third week of each month so that the matrimonial relation and conduct of both the parties will be watched by the learned court below and once being satisfied with the conduct of both the

Patna High Court CR. MISC. No.25973 of 2019(3) dt.23-07-2019 3/3 parties especially the petitioner, the learned court below shall consider the confirmation of the bail bond of the petitioner otherwise he is free to pass any other order or orders as he deems fit and proper including the cancelling of the bail bond of the petitioner.

With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T