Dinesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50258 of 2013 Arising Out of Complaint Case No. -1239 Year- 2012 Thana -SIWAN COMPLAINT CASE District- SIWAN ====================================================== Dinesh Gupta, Son of Sri Soma Sah, Resident of Village - Panika Bazar, P.S. Mail Chauraha, P.S. Deoria ( U.P. ) .... .... Petitioner

Versus

1. The State of Bihar

2. Reena Devi, W/o- Dinesh Gupta, D/o- Shri Tufani Gupta, R/o- VillageBalua, P.S.- Guthani, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3.

Heard learned counsel for the petitioner and 14.01.2015.

the State.

2. Petitioner-husband is apprehending his arrest in connection with a case registered for the offence under Section 498A/406 of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted on his behalf that notwithstanding the Complaint Petition he is ready and willing to continue the matrimonial relationship with the complainant and to that effect he shall file a written undertaking on affidavit in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the

Patna High Court Cr.Misc. No.50258 of 2013 (3) dt.14-01-2015 court below. No sooner the petitioner surrenders in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and files such affidavit, he, named above, be admitted to the privilege of provisional bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Complaint Case No. 1239/12 and thereafter the complainant should be noticed and after she appears in the court below, in presence of the court, petitioner shall make all possible efforts for resolution of the matrimonial dispute between him and the complainant not only by words of mouth but also by his suitable conduct and gesture.

In the event court below is satisfied that dispute is resolved and matrimonial peace prevails in the family or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner shall be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties.

Patna High Court Cr.Misc. No.50258 of 2013 (3) dt.14-01-2015

3. This application is, accordingly, disposed of.

4. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner.

(V.N.Sinha,J.) P.K.P.

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