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Patna High CourtCR. MISC./35357/2014disposed

Binod Ram v. State Of Bihar And ANR

2015-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35357 of 2014 Arising Out of PS.Case No. -220 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Binod Ram Son of Sam Rathi Ram resident of village- Larui, Police Station- Karagahar, District- Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar

2. Smt. Manorma Devi Wife of Binod Ram resident of village- Larui, Police Station- Karagahar, District- Rohtas Daughter of late Malu Ram Hall Mokam- Residence of village- Pandey Dihari, P.S.- Karakat, Distt.- Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rajendra Kumar Deo, Advocate.

For the Opposite Parties : Mr. Ajay Kumar Jha, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

Petitioner is the husband. It is submitted that the petitioner is ready to keep his wife. Notice was issued to opposite party no. 2, the wife vide order dated 24.03.2015, but in spite of service of notice the opposite party did not appear. Considering the willingness of the petitioner to keep his wife, the petitioner above named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the

Patna High Court Cr.Misc. No.35357 of 2014 (3) dt.07-12-2015 2/2 petitioner on provisional bail for four months, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in Complaint Case No. 220 of 2013, 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