Chandan Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51128 of 2016 Arising Out of PS.Case No. -351 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Chandan Paswan, Son of Late Naresh Paswan, Resident of MohallaManpur Gandhinagar, P.S.- Muffasil, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prity Devi, Wife of Chandan Paswan, D/o Suresh Paswan, VillageJarhara, P.S.- Bodhgaya, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2017 Heard both sides.

The petitioner apprehends his arrest in Muffasil P.S. Case No.351 of 2016 registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The informant-wife made allegation that the petitioner, being the husband, subjected her to all sorts of torture for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is always ready to keep his wife. The petitioner filed a petition for restitution of conjugal rite and petitioner is still ready to keep his wife.

Patna High Court Cr.Misc. No.51128 of 2016 (6) dt.22-05-2017 Notice was issued to the informant. Her brother received the notice, but even then informant did not appear. Considering the facts aforesaid and the fact that the petitioner is willing to keep his wife, the petitioner is directed to surrender in the learned court below within four weeks from the date of receipt/production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional bail for six 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 learned C.J.M., Gaya in connection with Muffasil P.S. Case No.351 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the petitioner keeps his wife properly, the learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner fails to keep his wife properly the court below shall pass order on provisional bail of the petitioner in accordance with law immediately after expiry of six months.

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