Puja Mehta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32491 of 2016 Arising Out of PS.Case No. -1581 Year- 2013 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ======================================================

1. Puja Mehta, wife of Pankaj Kumar, resident of Mohalla- Mirzapur, P.S.+ P.O.- Civil Lines, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pankaj Kumar, son of Dr. K.C. Kakkar, resident of Sapna Apartment, Flat no. A/103, Ram Nagari Sector-III, Ashiana Nagar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard both sides.

The petitioner/wife filed this petition for cancellation of bail granted to the opposite party No.2/husband, namely, Pankaj Kumar, vide order dated 23.06.2015 passed in Cr. Misc. No. 4884 of 2015.

The learned counsel for the petitioner submits that opposite party No.2/husband was granted provisional anticipatory bail vide order dated 23.06.2015 on undertaking that he would keep his wife properly but the husband never appeared in the court below and when the petitioner/wife filed the petition for cancellation of bail the husband appeared in court but till date no reconciliation was held.

The learned counsel for the opposite party No.2/

Patna High Court Cr.Misc. No.32491 of 2016 (2) dt.30-11-2016 2/2 husband submits that the husband appeared in court with a prayer to allow his wife to accompany him to Bangalore but no order was passed.

It appears that vide order dated 23.06.2015 passed in Cr. Misc. No. 4884 of 2015 the husband, Pankaj Kumar, was granted provisional anticipatory bail and the learned court below was directed to make efforts to resolve the dispute between the husband and wife. The learned court below did not make any effort for resolving the dispute and allowed the husband to remain on provisional bail.

The learned court below is directed to make all efforts for resolving the dispute within three months from today. If the dispute is resolved amicably, the learned court below shall confirm the provisional of the husband, Pankaj Kumar. If the dispute is not amicably settled, the learned court below shall pass order after three months on the provisional bail of the petitioner. With this observation, the petition for cancellation of bail is disposed of.

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