Patna High CourtCR. MISC./40406/2014disposed

Shyam Narayan Singh v. State Of Bihar And ANR

2015-03-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40406 of 2014 Arising Out of PS.Case No. -581 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Shyam Narayan Singh son of Sri Bachan Singh, R/o village- Mahuat. P.S. Bhabhua (Sonhan), Distt- Kaimur at Bhabhua.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Kiran Devi, W/o Shyam Narayan Singh, D/o Guptnath Singh, R/O village & Mahuat, P.S. Sonhan, Distt- lkaimur (Bhabhua), .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

25-03-2015.

Heard both sides.

The petitioner apprehends his arrest in a case under section 498A of the I.P.C.

The first wife of the petitioner made allegation that her husband solemnized second marriage and thereafter he subjected her to physical and mental torture.

Learned counsel for the petitioner submits that the petitioner has also filed a matrimonial case for restitution of conjugal rights and the petitioner is ready to keep his wife. The complainant is also ready to live with her husband or she be provide maintenance.

Considering the facts, the petitioner is directed to surrender in the court below within four weeks from the date of receipt or production of a copy of this order and the court below shall, after issuing notice to the complainant-O.P.No.2, enlarge the petitioner on provisional bail on furnishing bail bond of

Patna High Court Cr.Misc. No.40406 of 2014 (2) dt.25-03-2015 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the its satisfaction. Thereafter, the court below shall make effort to resolve the dispute between wife and husband. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if, the dispute is not resolved, the court below shall pass order on the merit on the provisional bail of the petitioner.

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