Dinanath Bhagat And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7633 of 2015 Arising Out of PS.Case No. -571 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Dinanath Bhagat Son of Singasan Bhagat
2. Singasan Bhagat Son of late Mahabir Bhagat
3. Tileshwari Devi wife of Singasan Bhagat All resident of village Kawe, P.S. Bhore, District Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Hiramati Devi wife of Dinanath Bhagat and daughter of Shyam Dayal Bhagat, resident of village Kawe, P.S. Bhore, District- Gopalganj, at present residing at village Rampur Chakarwa, P.S. Bhorey, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2015 Heard both sides.
The petitioners apprehend their arrest in a case under section 498A and other sections of the I.P.C. as well as 3 and 4 of the Dowry Prohibition Act.
The petitioners are the husband, father-in-law and mother-in-law of the complainant. The petitioners are willing to keep the complainant.
Considering the fact that petitioner nos. 2 and 3 are the father-in-law and mother-in-law of the complainant, they are
Patna High Court Cr.Misc. No.7633 of 2015 (2) dt.26-02-2015 2 / 2 in the event of their arrest/surrender before the court below within four weeks , directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Gopalganj, subject to the conditions as laid down under section 438(2) Cr.P.C.
So far as petitioner no.1 Dinanath Bhagat is concerned, he is the husband. He is willing to keep his wife. Considering the submission, petitioner no.1, in the event of his arrest/surrender before the court below within four weeks, is directed to be enlarged on provisional bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Gopalganj, in connection with Complaint Case No. 571 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C. After notice to the complainant, the court below shall make efforts for resolving the dispute between husband and wife. If the dispute is resolved, the provisional bail granted shall be confirmed. If the dispute is not resolved, the court below shall pass order on merits on the provisional bail of petitioner no.1. B.Roy/- (Prabhat Kumar Jha, J) U