Udesaya Prasad @ Udesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46363 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- HISUWA District- Nawada ====================================================== UDESAYA PRASAD @ UDESH KUMAR Son of Jivlal Yadav Resident of Village-Hasanpur, P.S.-Hisua, District-Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-07-2019 Heard both sides.
The petitioner apprehends his arrest in Hisua P.S. case No. 168/ 2018 registered under Section 498A, 504, 506 of the IPC and u/s 3/4 of Dowry Prohibition Act.
The learned counsel for the petitioner submits that petitioner is husband of the informant and although the informant alleged that petitioner performed second marriage but this allegation is not true. The petitioner is willing and desirous to keep his. The petitioner has got two children from the informant.
In this view of the fact, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the
Patna High Court CR. MISC. No.46363 of 2019(2) dt.26-07-2019 2/2 petitioner on provisional anticipatory bail for four months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. case No. 168/ 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after four months.
(Prabhat Kumar Jha, J) BKS/- U T