← Library
Patna High CourtCR. MISC./33460/2019disposed

Ram Prasad Das v. The State Of Bihar

2019-05-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33460 of 2019 Arising Out of Case No.-611 Year-2015 - SAMASTIPUR COMPLAINT CASE DistrictSamastipur ====================================================== RAM PRASAD DAS Son of Mushaharu Das Resident of Village- Gangauli, Sakh Mohan, P.O.- Sakh Mohan, P.S.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Chandra Das Son of Late Babajee Das Resident of Village- Chakki Dhab, P.S.- Rosera, District- Samastipur.

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 611/ 2015 for the offences allegedly committed by the petitioner under Section 323, 498A, 406, 504, 120B of the IPC The learned counsel for the petitioner submits fatherin-law of the petitioner is complainant. The complainant made allegation of demand of dowry and torture but no specific allegation is made against the petitioner. The petitioner is ready to keep his wife with all honour and dignity. Taking into consideration the facts aforesaid and the undertaking given by the petitioner that he is ready to keep his wife with all proper care, the petitioner, above named, is

Patna High Court CR. MISC. No.33460 of 2019(2) dt.21-05-2019 2/2 directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Complaint case No. 611/ 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife without any excuse of the wife, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after four months.

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