Brij Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36400 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== BRIJ PRAKASH SON OF VIJAY PRAKASH, RESIDENT OF MAHAVIR LANE, KANNU LAL ROAD, MITHAPUR, P.S. JAKKHANPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANJALI GUPTA DAUGHTER OF SHYAM BABU GUPTA, RESIDENT OF KURTHAUL, P.S. PARSA BAZAR, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivnandan Bharti, Adv.

For the Informant :

Ms. Geeta Kumari Jha, Adv.

For the State : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2021 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel for the informant through Video Conferencing.

The petitioner apprehends his arrest in Jakkhanpur P.S. Case No.118 of 2019 registered under Sections 498(A) and 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is the husband and he is ready to keep his wife (informant) with all honour and dignity.

Learned counsel for the informant submits that the wife is also ready to live with her husband (petitioner).

Patna High Court CR. MISC. No.36400 of 2020(4) dt.23-06-2021 2/2 Considering the facts that the petitioner and the wife (informant) are willing to restore their conjugal relations, the above named petitioner is directed to surrender in the court below within six weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for nine months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Jakkhanpur P.S. Case No.118 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Thereafter the court below shall make efforts for resolution of the dispute between the husband and the wife.

If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of nine months.

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