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Patna High CourtCR. MISC./5827/2015disposed

Rakesh Kumar @ Rakesh Kumar Das @ Rakesh Das v. State Of Bihar And ANR

2015-05-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5827 of 2015 Arising Out of PS.Case No. -178 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ====================================================== Rakesh Kumar @ Rakesh Kumar Das @ Rakesh Das Son of Altaf Das resident of village - Bighore Coachtola, Police Station - Barsoi ( Kachna O.P. ), District - Katihar .... .... Petitioner

Versus

1. The State of Bihar

2. Rubi Devi wife of Rakesh Kumar @ Rakesh Kumar Das, Daughter of Late Dhiren Das resident of village - Belenda, Police Station Azamnagar, District - Katihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bimal Kumar, Advocate.

For the Opposite Parties : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.

The petitioner apprehends his arrest in Azamnagar (Salmari O.P.) P.S. Case No. 178 of 2014, registered for the offences punishable under Sections 498(A) and other Sections of the Indian Penal Code.

Petitioner is the husband and he is ready to keep his wife even after issuance of notice the opposite party no. 2, the wife has not appeared.

Considering the facts aforesaid, 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

Patna High Court Cr.Misc. No.5827 of 2015 (4) dt.05-05-2015 2/2 and the court below shall enlarge the petitioner on provisional bail, 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 Chief Judicial Magistrate, Katihar in connection with Azamnagar (Salmari O.P.) P.S. Case No. 178 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