Rakesh Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40672 of 2014 (2) dt.30-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40672 of 2014 Arising Out of PS.Case No. -1726 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Rakesh Rai son of Satya Narain Rai, R/O villagle- Kerma Naya Tola, P.S. Manihari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

30-03-2015.

Heard both sides.

The petitioner apprehends his arrest in a case under section 498 I.P.C. and sections 3 and 4 of the D.P. Act. The wife of the petitioner made allegation that he subjected her to physical and mental torture. The complainant has got a child.

It appears that the marriage was solemnized in the year 2005 and the petitioner is ready to keep his wife. Considering the facts aforesaid, the petitioner is directed to surrender in the court below and the court below, shall enlarge the petitioner on provisional bail after issuing notice to the complainant-O.P.No.2, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the court below in connection with Complaint Case No.1726 of 2010 (Trial No.2106 of 2011). The court below shall make effort to resolve the dispute between wife and husband and if the dispute is resolved, the court below shall confirm the provisional bail of the petitioner. If the

Patna High Court Cr.Misc. No.40672 of 2014 (2) dt.30-03-2015 dispute is not resolved, the court below shall pass order on the merit on provisional bail of the petitioner.

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