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Patna High CourtCR. MISC./48677/2016disposed

Rohit Kumar @ Rohit Paswan @ Rohit Kumar Paswan v. State Of Bihar And ANR

2017-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48677 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -MAHILA District- MUNGER ====================================================== Rohit Kumar @ Rohit Paswan @ Rohit Kumar Paswan son of Sudhir Paswan resident of Village - Kaliasthan (Bariyarpur), P.S. - Bariyapur, District - Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lalita Devi D/o Shree Kant Sahani resident of Village - Bharmsthan, P.S. - Bariyarpur, District - Munger.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Singh, Advocate For the Opposite Party No.1: Mr. Ram Sumiran Roy, APP For the Opposite Party No.2: Mr.Tarkeshwar Prasad Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner, learned counsel for opposite party no.2 and learned APP for the State. The petitioner is apprehending his arrest in connection with Munger Mahila P.S.Case No. 18 of 2016, registered for offences punishable under Sections 498A and 494/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife (opposite party no.2) with full dignity. The learned counsel for the opposite party no.2 (informant) also agrees to the aforesaid proposal. In view of the facts stated above, let the petitioner

Patna High Court Cr.Misc. No.48677 of 2016 (3) dt.25-01-2017 2/2 surrender before the court below on or before 9th February, 2016. On that date, opposite party no.2 shall also remain present there and the learned court below will mediate on his own and if the petitioner and the opposite party no.2 agree to live together as husband and wife, then the provisional bail shall be granted to the petitioner by the court below to his satisfaction. The aforesaid provisional bail will be subject to the condition that both the petitioner and the opposite party no.

2 will appear before the court below on each month and the court concerned will watch their conduct for a period of six months and if the court concerned will be satisfied with their conduct and found that they are living happily together, then the court concerned will confirm the provisional bail granted to the petitioner, otherwise he will cancel the bail bond of the petitioner and the court below will pass appropriate order which he deems fit and proper. The present application stands disposed of with the observations and directions made above.

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