Jayram Mistri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.824 of 2017 Arising Out of PS.Case No. -1398 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Jayram Mistri, Son of Gopal Mistri, Resident of village - Ganghar, P.S. - Magadh University, District - Gaya.

.... .... Petitioner

Versus

1. The State of Bihar

2. Rita Devi, Wife of Jayram Mistri, D/O Late Deonath Mistri, Resident of Village - Ganghar, P.S. - Magadh University, District - Gaya at present Village - Barsauna, P.S. - Tankuppa, District - Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate.

For the Opposite Parties : Ms. Indu Bala Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1398 of 2015 registered for the offence punishable under Section 498 (A) of the Indian Penal Code.

The wife of the petitioner made allegation that the petitioner subjected her to all sorts of torture due to nonfulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner never subjected his wife to torture, the marriage was solemnized in the year 2005. The petitioner is still ready to keep his wife.

Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four

Patna High Court Cr.Misc. No.824 of 2017 (2) dt.12-01-2017 2/2 weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Gaya in Complaint Case No. 1398 of 2015, 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 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 on the provisional bail of the petitioner immediately after expiry of four months.

(Prabhat Kumar Jha, J.) KKSINHA/- U T