Patna High CourtCR. MISC./16201/2015disposed

Narendra Prasad v. The State Of Bihar

2015-04-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16201 of 2015 Arising Out of PS.Case No. -392 Year- 2014 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Narendra Prasad S/O Uttam Lal Yadav, Resident of village- Jai Nagar, Fardahi Tole, P.S. Jai Nagar, Distt.- Madhubani .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mrs. Shama Sinha, Advocate.

For the Opposite Party : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2015 Heard both sides.

The petitioner apprehends his arrest in Sadar P.S. Case No. 392 of 2014, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is always ready to keep his wife. Prior to filing of this complaint petition, the petitioner had filed Matrimonial Case No. 222 of 2014 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The petitioner is still ready to keep his wife.

Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four

Patna High Court Cr.Misc. No.16201 of 2015 (2) dt.30-04-2015 2/2 weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant/complainant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 392 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner.

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