Patna High CourtCR. MISC./17047/2015disposed

Mustaque Gaddi v. State Of Bihar And ANR

2015-05-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17047 of 2015 Arising Out of PS.Case No. -2465 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Mustaque Gaddi son of Late Chokat Gaddi, resident of village- Karnameya, P.S.- Bettiah Muffasil, District- West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Khairul Nesha, wife of Mustaque Gaddi and Daughter of Late Yasin Gaddi, resident of village- Gadiyani Pakadi, P.S.- Bettiah Muffasil, DistrictWest Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate.

For the Opposite Parties : Mr. Dr.Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 2465-C of 2013, corresponding to Trial No. 1960 of 2014, registered for the offences punishable under Section 498A of the Indian Penal Code.

Submission is that the petitioner is the husband and he is ready to keep his wife.

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 and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.17047 of 2015 (2) dt.19-05-2015 2/2 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 2465-C of 2013, corresponding to Trial No. 1960 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