Sanjay Mukhiya v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8164 of 2015 (2) dt.02-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8164 of 2015 Arising Out of P.S. Case No. -81 Year- 2013 Thana -Mahila P.S. District- Madhubani =================================================== Sanjay Mukhiya Son of Dhodhai Mukhiya, Resident of Village -Lohana, P.S. - Bhairab Asthan, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Poonam Devi Wife of Sanjay Mukhiya Resident of Village - Lohana, P.S. - Bhairab Asthan, District - Madhubani. At present Village - Godhiyari (Narayanpur), P.s. - Pandaul, District - Madhubani.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Gajendra Pd. Yadav(APP) ================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2015 Heard both sides.

The petitioner apprehends his arrest in Mahila Madhubani P.S. Case No. 81 of 2013 registered for the offences punishable under Section 498(A), 323, 379 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

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

Considering the willingness of petitioner to restore the marital relationship with his wife, the petitioner is directed to surrender before the court below within four weeks from the date of

Patna High Court Cr.Misc. No.8164 of 2015 (2) dt.02-03-2015 receipt/production of a copy of this order, upon such, the court below after issuance of notice to the complainant informant, shall enlarge the petitioner on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Madhubani, in connection with Mahila Madhubani P.S. Case No. 81 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further, court below shall make efforts for resolution of dispute between the husband and wife. If the dispute is resolved, the court below shall confirm the provisional bail granted to the petitioner, and if the dispute is not resolved, the court below shall pass appropriate orders in accordance with law.

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