Naresh Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54901 of 2016 Arising Out of PS.Case No. -252 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Naresh Kumar Gupta Son of Ram Chandra Sah, Resident of village - Dhodhani, P.S. Parsauni, District- Sitamarhi. .... .... Petitioner/s

Versus

1. State of Bihar

2. Kiran Devi, W/o Naresh Kumar Gupta, Resident of Village - Dhodhani Bishanpur, P.S. Persauni, Diatrict- Sitamarhi, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard the parties.

This application has been filed in connection with Complaint Case No.C-1-252 of 2016 of 2015 for the offence under Sections 498A of the Indian Penal Code. Submission of the learned counsel for the petitioner is that he is ready to keep his wife with all dignity and care and keeping the petitioner into custody will not serve the purpose. Heard learned A.P.P. and the learned counsel for the informant. Learned counsel for the informant has also submitted that she is also ready to live with him, if she is kept with her all dignity and care.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.54901 of 2016 (5) dt.12-04-2017 2/2 circumstances, as stated above, let the petitioner surrender and file an application before the court below, with an affidavit that he is ready to keep his wife with all dignity and care, which will be considered by the learned court below and call upon both the parties (petitioner and O.P.No.2) on 26.04.2017 and if he is satisfied that the petitioner and O.P.No.2 are ready to live together, he will release the petitioner on provisional bail of Rs.25,000/- (twenty five thousand) for a period of six months and during that period, he will watch the conduct of the parties and call them on a fixed date and once being satisfied with the conduct of the parties, he will confirm the bail bond of the petitioner, otherwise, he may pass any order or orders as he deems fit and proper.

The learned court below will also watch conduct of the O.P.No.2 and it if not satisfied with her conduct, he may also confirm the bail bonds of the petitioner.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U