Patna High CourtCR. MISC./2444/2015disposed

Ekhlakh Khan v. State Of Bihar And ANR

2015-01-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2444 of 2015 Arising Out of PS.Case No. -21 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ekhlakh Khan son of Abdul Hafiz Khan resident of village - Pakadia Paithanpatti, P.S. - Darpa, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .

2. Shahnaz Begum wife of Ekhlakh Khan and daughter of Sannaullah Khan resident of village - Pakadia Paithanpatti, P.S. - Darpa, District - East Champaran.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. C-21 of 2014, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code. The wife-complainant made allegation that after the marriage the petitioner subjected her to physical and mental torture due to non-fulfillment of demand of Rs. 5 Lacs. It is submitted that the petitioner has already divorced his wife. A Panchayati was also held. Case and counter case were lodged from both sides, but the petitioner is ready to keep his wife on any undertaking.

Patna High Court Cr.Misc. No.2444 of 2015 (2) dt.21-01-2015 Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged provisionally on bail for two months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties to its own satisfaction of Shri Kamla Prasad, the learned Judicial Magistrate Ist Class, Raxaul, East Champaran in connection with Complaint Case No. C-21 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall take all efforts for reconciliation, if the dispute is resolved the court below shall confirm the provisional bail and if the dispute does not resolve the court below shall pass order in accordance with law without being prejudiced by this order.

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