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Patna High CourtCR. MISC./5775/2015bail granted

Dharmendra Kumar v. State Of Bihar And ANR

2015-02-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5775 of 2015 Arising Out of PS.Case No. -908 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Dharmendra Kumar S/o Ambika Prasad r/o Vill- Nemanbigha, P.S.- Rajauli, Distt- Nawada.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Subhadra Devi W/o Dharamendra Kumar , d/o Ramlakhan Prasad r/o vill- Ashrafpur, P.S.- AQbarpur, Distt- Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 908 of 2014, registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The wife made allegation that she was married to the petitioner in the year 2005, but she was alleged that her husband did not perform Duragaman on account of non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is still ready to keep his wife. The complainant wanted that her husband should live in her Naihar, on account of this fact

Patna High Court Cr.Misc. No.5775 of 2015 (2) dt.11-02-2015 2/2 the dispute arose.

Considering the facts aforesaid, the petitioner is directed to surrender in the court below and the court below shall enlarge the petitioner on provisional bail, 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 the Learned Sub-Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 908 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.

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