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Patna High CourtCR. MISC./38412/2019disposed

Suraj Kumar Singh v. The State Of Bihar

2019-12-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38412 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SURAJ KUMAR SINGH Son of Sri Pramod Kumar Singh Resident of Village- Malik Sarai, P.S.- Chainpur, District- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Bechni Devi Wife of Suraj Kumar Singh, Daughter of Sipahi Singh Resident of Village- Malik Sarai, P.S.- Chainpur, District- Kaimur (Bhabhua). at present Mohalla- Suhawal, P.O.- Chainpur, P.S.- Chainpur, District- Kaimur (Bhabhua).

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bhabua (Kaimur) Complaint Case No.15 of 2019 registered for offences punishable under Section 498A of the Indian Penal Code.

As per FIR, there is allegation of demand of dowry and torture against the petitioner, who happens to be husband of the complainant. It appears that after appearance of the O.P.no.2, both the parties have appeared, matter was referred to the Mediation and as per the mediator report at flag 'M', it appears that the dispute has been resolved through the process of the mediation and it further appears that both the parties have decided to reside together.

On the other hand the learned counsel for the O.P.no.2 has

Patna High Court CR. MISC. No.38412 of 2019(5) dt.19-12-2019 2/2 submitted that after the agreement, he has left the O.P.no.2 on way and not keeping her.

Heard learned APP, who has opposed the prayer for bail on the ground that it is the O.P.no.2 who is not ready to reside with the petitioner coming to know that the petitioner could not file bail bond in the light of order dated 28.6.2019.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender bore the learned court below on 7.1.2020 and on that day O.P.no.2 has to appear before the learned court below and the learned court below will enquire about the matter and try to make reconciliation between the parties and considering the conduct of the parties, he will pass appropriate order either confirming the provisional bail granted to the petitioner, vide order dated 28.6.2019 or the petitioner has to surrender and pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T