Sushil Kumar Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18764 of 2017 Arising Out of PS.Case No. -267 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Sushil Kumar Tiwari, S/o Late Bishwanath Tiwari, resident of VillageMothaha, P.S.- Madhowrah, Distt- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Samira Devi, W/o Sushil Kumar Tiwari, resident of Village- Mothaha, P.S.- Madhowrah, Distt- Saran at Chapra. present address Village Bareja P.S. Daudpur, Distt- Saran at Chapra.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioner apprehends his arrest in Marhowrah P.S. Case No. 267 of 2016, registered for the offences punishable under Sections 498 (A), 323 and 504/34 of the Indian Penal Code. It has been alleged that the petitioner tortured the informant for demand of dowry and assaulted her for nonfulfillment of the demand. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with honour and dignity. Notice was issued to the informant but she has not appeared.

Considering the willingness of the petitioner to keep his

Patna High Court Cr.Misc. No.18764 of 2017 (3) dt.10-07-2017 2/2 wife, the above named petitioner is directed to surrender in the court below within six weeks from today and on such the court below shall grant provisional bail to the petitioner for six months on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in Marhowrah P.S. Case No. 267 of 2016.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law immediately after six months.

(Prabhat Kumar Jha, J) khushbu/- U T