Patna High CourtCR. MISC./15138/2015disposed

Mithilesh Kumar v. State Of Bihar And ANR

2015-05-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15138 of 2015 Arising Out of PS.Case No. -516 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Mithilesh Kumar S/o Naresh Prasad Resident of village - Majhauli Mehammadpur @ Purabi Bazar, P.S. Sarai, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kalpana Kumari, W/o Mithilesh Kumar, D/o Mithilesh Sah, resident of Dharharwa, P.S. Parihar, District - Sitamarhi .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code and Section 4 of the D.P. Act.

The petitioner is husband. It is submitted that the petitioner earlier filed Divorce Case No. 220/13 under Section 12 of the Hindu Marriage Act. Thereafter, the wife filed this complaint case.

Learned counsel for the complainant is present and has submitted that the wife is ready to live with her husband. Considering the facts aforesaid, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below, after issuing notice to the

Patna High Court Cr.Misc. No.15138 of 2015 (2) dt.13-05-2015 2/2 complainant, shall 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 the learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. 516 of 2014, corresponding to Trial No. 3313/15.

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) Dilip/- U T