Hemant @ Sumit Sah @ Sumit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55622 of 2016 Arising Out of PS.Case No. -1342 Year- 2015 Thana -COMPLAINT CASE District- BANKA ====================================================== Hemant @ Sumit Sah @ Sumit Kumar, Son of Shankar Sah, Resident of Village- Fullidumar, P.S. Fullidumar, District- Banka. .... .... Petitioner
Versus
1. The State of Bihar.
2. Priti Devi, D/o Vinod Sah, W/o Hemant @ Sumit Sah, R/o Parghari, P.S. Barahat, Distt. Banka.
.... .... Opposite Partys ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2017 Heard both sides.
The petitioner apprehends his arrest in complaint case no. 1342 of 2015 registered for the offences punishable under Sections 498 A, 324, 316 of Indian Penal Code. Learned counsel for the petitioner submits that he is ready to keep his wife with all dignity and honour. It is further submitted that notice was issued to the complainant but she did not appear before the court below. It is further submitted that petitioner is ready and willing to keep his wife. Considering the aforesaid facts, abovenamed petitioner is directed to surrender before the court below within four weeks and on such, the learned Court below shall enlarge the
Patna High Court Cr.Misc. No.55622 of 2016 (3) dt.20-04-2017 2/2 petitioner on provisional bail for four months on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to its own satisfaction in complaint case no. 1342 of 2015 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. The court below is further directed to make efforts to resolve the dispute between the husband and the wife and if dispute between husband and wife is resolved, the court below shall confirm the provisional bail of the petitioner. If dispute between husband and wife is not resolved, the court below shall pass appropriate order on provisional bail of the petitioner after expiry of four months in accordance with law. (Prabhat Kumar Jha, J.) rinkee/- U T