Subhadra Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56605 of 2015 ======================================================

1. Subhadra Devi, wife of Dharmendra Kumar, daughter of Ram Lakhan Prasad, resident of village Neman Bigha, P.S.- Rajauli, Dstrict- Nawada at present residing at Village- Ashrafpur, P.S. Akbarpur, District-Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dharmendra Kumar, Son of Ambika Prasad, resident of village Neman Bigha, P.S.- Rajauli, District- Nawada.

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Nand Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-08-2016 Heard both sides.

The petitioner, wife, filed this petition for modification of the order dated 11.02.2015 passed in Cr. Misc. No. 5775 of 2015 by which opposite party No.2, the husband, was granted provisional bail with a direction to the court below to make efforts for resolving the dispute between the husband and wife. If the dispute is resolved, the provisional bail granted to the husband shall be confirmed and if the dispute between the parties is not resolved the court below shall pass order in accordance with law.

It is submitted that wife always appeared on each and every date but her husband did not appear nor made any effort for

Patna High Court Cr.Misc. No.56605 of 2015 (4) dt.03-08-2016 2/2 resolving the dispute.

The learned counsel for the opposite party No.2 submits that wife filed a petition before the court below putting condition that the husband be directed to live with her in Nawada where he works as teacher.

The learned court below is directed to take steps for resolving the dispute within four months from today and if the dispute is resolved and husband is ready to keep his wife, the court below shall confirm the provisional bail of the husband. If the dispute is not resolved with the fault of wife in that event the court below shall pass order on the provisional bail of the husband stating the reasons as to why the dispute is not resolved. Accordingly, the modification petition is disposed of with the aforesaid direction.

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