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Patna High CourtCR. MISC./25548/2017disposed

Umesh Paswan @ Dabloo @ Umesh Kumar v. State Of Bihar And ANR

2017-07-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25548 of 2017 Arising Out of PS.Case No. -892 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Umesh Paswan @ Dabloo @ Umesh Kumar Son of Naresh Paswan Resident of Mohalla - Bageshwari, P.S. - Delha, District - Gaya, At present resident of Mohalla - Manaitand, Bank Colony Road, P.S. Dhansar, District - Dhanbad (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Devi W/o Umesh Paswan @ Dabloo, D/o Baliram Paswan Resident of Village - Kharauna, P.S. Magadh University, District - Gaya.

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the complainant.

The petitioner, who is husband, seeks anticipatory bail in complaint case no 892 of 2013, registered under Section 498A of the IPC.

It is stated on behalf of the petitioner that he is always ready and willing to resolve the matrimonial discord with his wife and live with her happily in the matrimonial home. Learned counsel for the complainant has also agreed to live with the petitioner provided she is given protection by the husband Considering the stand taken by both the parties, the

Patna High Court Cr.Misc. No.25548 of 2017 (2) dt.07-07-2017 2/2 present application is disposed of by the following order:- Let the petitioner in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on provisional bail for a period of 02 months therefrom on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Gaya in connection with Gaya Complaint case no. 892 of 2013, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Utilizing the time the petitioner shall take all required steps for resolving the dispute and allowing the complainant to live with him as his legally wedded wife. Before expiry of the period of provisional bail, the petitioner shall appear before the Court below and place evidence/document to show that the matrimonial dispute between him and the complainant has been resolved and they are living happily whereafter it shall be open to the learned Court below either to confirm or reject the bail.

(Kishore Kumar Mandal, J) Shyam/- U T