Vivek Kumar @ Vikky v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33298 of 2014 Arising Out of PS.Case No. -245 Year- 2014 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Vivek Kumar @ Vikky s/o Late Pratap Narayan Shrivastava , residing at village - Kurhani , p.s. - Kurhani ,Distt. - Muzaffarpur . .... .... Petitioner/s

Versus

1. The State of Biha.

2. Mrs. Mamta Kumari , D/o Binay Kumar , Residing of village -Satpura , ps -Bhagwanpur , Distt.-vaishali.

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

For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s : Mr. Meena Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2015 Heard both sides.

The petitioner apprehends his arrest in Kurhani P.S. Case No. 245 of 2014, registered for the offences punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Shri M.N. Parvat, the learned Sr. counsel appearing on behalf of the petitioner submits that divorce case is also pending. The petitioner is ready to keep his wife provided her father and other family members do not interfere in the family of the petitioner and his wife. Learned counsel for the informant submits that the wife is also ready to live with her husband. Considering the facts aforesaid and the fact that both

Patna High Court Cr.Misc. No.33298 of 2014 (5) dt.18-03-2015 2/2 the parties are ready to live together, 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 and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kurhani P.S. Case No. 245 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