Balmiki Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16166 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -MAHILA PS District- JAMUI ====================================================== Balmiki Kumar S/o Krishna Paswan, Resident of Village- Bhuapur, P.S.- Bakhtiyarpur, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Seema Devi W/o Ashok Kumar Paswan, Resident of Village- Railway Quarters No. 167/E, P.S.- Jhajha, District- Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Binit Kumar, Advocate.

For the Opposite Parties : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned counsel for the State. The petitioner apprehends his arrest in Jamui Mahila P.S. Case No. 47 of 2014, registered for the offences punishable under Section 498(A) and other Sections of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is the husband and he is willing to keep his wife. Learned counsel for the informant submits that the wife is willing to live with her husband.

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

Patna High Court Cr.Misc. No.16166 of 2015 (2) dt.29-04-2015 2/2 as the learned counsel for the complainant undertakes to inform the complainant to appears in court along with her husband on 11.05.2015 and on such the court below shall enlarge the petitioner on provisional bail 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, Jamui in connection with Jamui Mahila P.S. Case No. 47 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.) KKSINHA/- U T