Manish Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25618 of 2015 Arising Out of PS.Case No. -386 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Manish Kumar Son of Late Gopal Prasad Resident of Meer Safaiyat Road, P.S.- Kotwali , District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Guriya Devi Wife of Manish Kumar Resident of C/o Sadhu Saran Gaupta, P.O. - Shahpur, P.O.- Raghuram Chauwani, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 494, 498(A) of the Indian Penal Code. The second wife of petitioner made allegation of demand of dowry and torture.

It is submitted that petitioner was married with Archana Devi in the year 2006 and she gave birth to a child but she became ill and with consent of first wife the complainant married with the petitioner.

The petitioner is up-keeping his wife and her child with full dignity and he never demanded any dowry and he is

Patna High Court Cr.Misc. No.25618 of 2015 (3) dt.14-07-2015 2/2 ready to keep his wife on any undertaking.

Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mahavir Prasad, learned Judicial Magistrate, 1st Class, Danapur in Complaint Case No. 386 (C ) of 2014. The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

(Prabhat Kumar Jha, J) BKS/- U T