Md. Dhannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25067 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -KHAGAUL District- PATNA ======================================================

1. Md. Dhannu Son of Late Md. Munna Resident of Bari Khagaul Pathak, P.S. Khagaul, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner, informant and the State.

Petitioner being the husband of the informant apprehends his arrest in connection with Khagaul P.S. Case No. 138 of 2016, registered under Section 498A of the IPC. It has been submitted on behalf of the petitioner that he has not married any other lady. He is always ready and willing to reconcile the matrimonial dispute with his wife. Counsel for the informant has also submitted that she would be willing to live with the husband if full assurance of her safety and security is offered by him.

Considering the submissions made at Bar, the present application is disposed of by the following order:-

Patna High Court Cr.Misc. No.25067 of 2017 (2) dt.07-07-2017 2/2 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 two 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 Judicial Magistrate, Ist Class, Patna in connection with Khagaul P.S. case no. 138 of 2016 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 .

Utilizing the privilege the petitioner shall take all required steps to resolve the dispute with his wife and allow 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 refused to confirm the provisional bail.

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