Lakhindra Paswan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.21668 of 2015 (2) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21668 of 2015 Arising Out of COMPLAINT CASE No. -53 Year- 2014 Thana - VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Lakhindra Paswan S/O Birendra Paswan, R/O village- Benia, P.S- Saraiya, District- Vaishali .... .... Petitioner

Versus

1. The State of Bihar

2. Babita Kumari D/O Harendra Paswan, R/O Village- Sirsa Viran, P.SLalganj, District- Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha, Adv. For the Opposite Party/s : Mr. S.N.Shukla(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2015 Heard both sides.

The petitioner being the husband apprehends his arrest in Complaint Case No. 53/2014, registered for the offences punishable under Sections 498 A and other Sections of the Indian Penal Code.

It is submitted that the petitioner is ready to keep his wife on any undertaking.

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 and the court below shall enlarge the petitioner on provisional bail,

Patna High Court Cr.Misc. No.21668 of 2015 (2) dt.07-07-2015 after issuing notice to the complainant, 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, Vaishali at Hajipur in connection with Complaint Case No. 53 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) Rakhi/- U T