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Patna High CourtCR. MISC./36370/2020disposed

Saurav Chaudhary v. The State Of Bihar

2021-04-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36370 of 2020 Arising Out of Case No.-60 Year-2020 BEGUSARAI COMPLAINT CASE DistrictBegusarai ====================================================== SAURAV CHAUDHARY Son of Manoj Chaudhary Resident of VillageTajpur, Police Station- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Komal Kumari Wife of Saurav Chaudhary Daughter of Vijay Kumar Rai, Resident of Village - Narepur Pashchim Tola, P.S.- Bachhwara, District - Begusarai.

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr. Braj Bhushan Poddar Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2021 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 60C/ 2020 for the offences allegedly committed by the petitioner under Section 323, 341, 498A, 504, 506 of the IPC. The learned counsel for the petitioner submits that petitioner is always ready to keep his wife with all honour and dignity. The wife of the petitioner left the house on petty dispute.

The learned counsel for the complainant submits that complainant is also ready to live with her husband. Taking into consideration the facts that both husband

Patna High Court CR. MISC. No.36370 of 2020(2) dt.09-04-2021 2/2 and wife are willing to restore their conjugal relation, the petitioner, above named, is directed to surrender before the court below within a period of six 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 six 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 Shri D. K. Pandey, learned Additional Chief Judicial Magistrate-III, Begusarai in connection with Complaint case No. 60C/ 2020, 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 keeps his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, without fault of his wife, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse of six months.