Harekrishna Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25554 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== HAREKRISHNA GUPTA S/o Bishnu Das Gupta, Resident of VillageVishwamitra Colony, Charitarvan, Buxar, P.S.-Buxar (Town), District-Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Buxar (Mahila) P.S. Case No.04 of 2020 registered under Sections 498(A), 506 and 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner was married with the informant in the year 2016 and the petitioner got two children from the wedlock. The petitioner is ready to keep his wife with all honour and dignity. The wife of the petitioner lodged this case on mere suspicion that the petitioner is having relation with a widow and the petitioner is living with her in a separate house but the petitioner never solemnized any marriage with any widow.

Considering the willingness of the petitioner to keep

Patna High Court CR. MISC. No.25554 of 2020(2) dt.14-10-2020 2/2 his wife with all honour and dignity, the above named petitioner 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 for six months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Buxar (Mahila) P.S. Case No.04 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Thereafter the court below shall make all efforts for resolution of the dispute between the husband and the wife. If the dispute is resolved amicably and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the petitioner fails to keep his wife properly, the court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months.

(Prabhat Kumar Jha, J) Harish/- U T