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Patna High CourtCR. MISC./33459/2014disposed

Bajrangi Sharma v. State Of Bihar And ANR

2015-02-04Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33459 of 2014 Arising Out of PS.Case No. -34 Year- 2014 Thana -BARGANIA District- SITAMARHI ====================================================== Bajrangi Sharma, S/o Brahmdeo Sharma, R/o Village-Motipur, P.O.- Akhata, Bajpeyee, P.S.-Bairgania, District-Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Prawati Lal Thakur, S/o Late Ramayodhya Thakur, Resident of VillageJitpur (Bela), P.O.-Chanari, P.S.-East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and the State.

2. Petitioner-husband is apprehending his arrest in connection with a case registered for the offences under Section 498(A), 379/34 of the Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. It is submitted on his behalf that notwithstanding the First Information Report he is ready and willing to continue the matrimonial relationship with the daughter of opposite party no. 2 and to that effect he shall file a written undertaking on affidavit in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below. No sooner the petitioner, named above, surrenders in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and files such affidavit, he be admitted to the privilege of provisional

Patna High Court Cr.Misc. No.33459 of 2014 (2) dt.04-02-2015 2/2 bail on furnishing bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case No. 34/14 and thereafter the daughter of opposite party no. 2 should be noticed and after she appears in the court below, in presence of the court, petitioner shall make all possible efforts for resolution of the matrimonial dispute between him and the daughter of opposite party no. 2 not only by words of mouth but also by his suitable conduct and gesture. In the event, court below is satisfied that dispute is resolved and matrimonial peace prevails in the family or the daughter of opposite party no. 2 is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner shall be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties.

3. This application is, accordingly, disposed of.

4. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. (V.N. Sinha, J) Rajesh/- U T