Siya Sharan Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51145 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Siya Sharan Mukhiya, Son of Ram Pratap Mukhiya, Resident of VillageJogiya, P.S.- Pupri, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Deovati Devi, wife of Siya Sharan Mukhiya, village-Jogia, P.O.-Bhutha, P.S.-Pupri, District-Sitamarhi.

At present Fakani Devi, wife of late Hari Mukhiya, village-Kalanaraha, P.S.-Bajpatti, District-Sitamarhi.

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

For the Petitioner/s : Mr. Uday Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.91 of 2016 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant. The complainant made allegation of demand of dowry and torture for the same.

Learned counsel for the petitioner submits that the petitioner is always ready to keep his wife. He never tortured his wife.

Patna High Court Cr.Misc. No.51145 of 2016 (6) dt.22-05-2017 Considering the willingness of the petitioner that he is ready to keep his wife, the petitioner is directed to surrender in the learned court below within four 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 bail for six months, after issuing notice to the complainant, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Complaint Case No.91 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make all efforts for reconciliation between the husband and the wife.

If the petitioner keeps his wife properly, the learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner fails to keep his wife properly the court below shall pass order on provisional bail of the petitioner in accordance with law immediately after expiry of six months.

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