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Patna High CourtCR. MISC./43560/2019disposed

Kishor Yadav v. The State Of Bihar

2019-07-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43560 of 2019 Arising Out of PS. Case No.-597 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Kishor Yadav, Aged about 31 years, Male, Son of Nityanand Yadav, Resident of Village- Shankarpur Ward No. 06, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi, Aged about 26 years, Female, Wife of Kishor Yadav, daughter of Kishundeo Yadav @ Kari Yadav, At present resident of Village- Bibiganj, P.O.- Tamganj, P.S.- Narpatganj, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.597C of 2017, registered under Section 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is of course the husband of the complainant but he is ready to keep his wife with all honour and dignity. On account of some petty dispute, his wife left the house of the petitioner and lodged the case.

Taking into consideration that the petitioner is willing and ready to keep his wife with all honour and dignity, petitioner is directed to surrender in the court below within four

Patna High Court CR. MISC. No.43560 of 2019(2) dt.16-07-2019 2/2 weeks from the date of receipt of this order and on such the learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Complaint Case No.597C of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Thereafter the learned court below shall make efforts for resolution of the dispute between the husband and the wife. If the petitioner keeps his wife with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife with all honour and dignity without the fault of the wife, the learned court below shall pass order on provisional bail of the petitioner after lapse of four months in accordance with law.

(Prabhat Kumar Jha, J) S.KUMAR/- U T