Bibhu Kumar Bharti @ Vibhu Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55759 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Bibhu Kumar Bharti @ Vibhu Kumar Bharti, Aged about 33 years, Male, S/o Late Awadh Kishore Singh, R/o village- Mahaddipur, P.S.- Pasraha, DistrictKhagaria ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Anjali Kumari, Aged about 24 years, Female, W/o Bibhu Kumar Bharti, D/o Ram Sagar Mahton, R/o village- Haripur, P.S.- Alauli, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the complainant. Petitioner apprehends his arrest in Complaint Case No.236C of 2018, registered under Section 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The complainant, wife of the petitioner, made allegation of demand of dowry and torture but the learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. On account of some petty dispute, the wife lodged this case.

Learned counsel for the complainant also submits that

Patna High Court CR. MISC. No.55759 of 2019(2) dt.06-09-2019 2/2 the wife is also willing to restore conjugal relations. Taking into consideration the facts that the petitioner and his wife are willing to restore their conjugal relations, petitioner is directed to surrender in the court below within four weeks from today on receipt of this order and on such the learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria in connection with Complaint Case No.236C of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter the learned court below shall take efforts for resolution of the disputes between the husband and the wife. If the petitioner keeps his wife with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner refuses to keep his wife without any fault of the wife, the learned court below shall pass order on the provisional bail of the petitioner immediately after four months in accordance with law.

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