Vijay Kumar Sahani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32830 of 2014 Arising Out of PS.Case No. -18 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Vijay Kumar Sahani S/o Dineshwar Sahani Resident of village - Jarangi, P.S. Vaishali District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sulekha Devi W/o Vijay Kumar Sahani Resident of village - Jarangi, P.S. Vaishali District - Vaishali, at present D/o Bhola Sahani resident of village - Jaitpur, P.S. Saraiya, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel for the informant. The informant made allegation that the petitioner subjected her physical and mental torture due to non fulfillment of additional demand of dowry and thereafter driven her out from her matrimonial home after snatching her belongings. Learned counsel for the petitioner submits that the informant was living with the petitioner but later on it transpired that the wife was suffering from mental problem. A village Panchayati was also held and the marriage was dissolved.It is further submitted that petitioner is still ready to

Patna High Court Cr.Misc. No.32830 of 2014 (2) dt.03-02-2015 2/2 keep his wife. On the other hand learned counsel for the informant submits that the petitioner has filed divorce case and he is not willing to keep his wife.

On consideration of the fact that the petitioner once again willing to keep his wife, the above named petitioner is directed to surrender in the court below within a period of four weeks from today and the court below shall enlarge the petitioner on provisional bail for two months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Magistrate, Vaishali at Hajipur in Vaishali P.S. Case No. 18/2014, subject to the conditions as laid down under section 438(2) Cr.P.C. The court below shall issue notice to the wife of the petitioner for her appearance and shall make all efforts to resolve the dispute between the husband and wife. If the husband is ready to take his wife then the provisional bail granted to the petitioner shall be confirmed and if the dispute is not amicably settled the learned court below shall pass order in accordance with law on its own merit.

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