Kamlesh Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25452 of 2015 Arising Out of PS.Case No. -2833 Year- 2010 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Kamlesh Kumar Gupta, S/o Ram Seth Gupta R/o- Amwa Khash Tola, P.s.- Barwa Patti, Dist- Kushi Nagar (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shahi Gupta devi, D/o Jay Prakash Prasad R/o- Village- Fal mandi, P.s.- Siwan Nagar District- Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A), 406/34 of the Indian Penal Code. The petitioner is husband and he is ready to keep his wife on any undertaking.

Learned counsel for the complainant submits that wife had gone to the house of petitioner but the petitioner tortured her.

Learned counsel for the petitioner submits that he will not torture his wife and will give undertaking in the court below to keep his wife properly with honour and dignity.

Patna High Court Cr.Misc. No.25452 of 2015 (2) dt.14-07-2015 2/2 Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in Complaint Case No. 2833 of 2010.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

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