Arun Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33403 of 2014 Arising Out of PS.Case No. -4 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Arun Thakur, Son of Kuldip Thakur, R/o Village Madhurapur, Mandal Tola, P.S. Bajpatti, District Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rinku Devi, Wife of Arun Thakur, R/o Village Madhurapur, Mandal Tola, P.S. Bajpatti, District Sitamarhi, At present Village Samdhinia, P.S. Jale, District Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, 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 complaint case registered for the offence under Section 498(A), 379, 307 of the Penal Code. It is submitted on his behalf that notwithstanding the Complaint Petition he is ready and willing to continue the matrimonial relationship with the complainant 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

Patna High Court Cr.Misc. No.33403 of 2014 (5) dt.04-02-2015 2/2 files such affidavit, he be admitted to the privilege of provisional bail on furnishing bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Pupri, Sitamarhi, in connection with Complaint Case No. C1/4/2012 and thereafter the complainant 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 complainant 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 complainant 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