Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56989 of 2019 Arising Out of PS. Case No.-636 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SANTOSH KUMAR S/o Baijnath Chaudhary R/o village- Dhanbakhara, P.S.- Nawanagar, District- Buxar ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kiran Devi @ Indu Devi W/o Santosh Kumar, Present Resident of VillageSultanpur, P.S.- Baghaila (Nokha), District- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.636 of 2018 registered under Section 498(A) of the Indian Penal Code and under section 4 of the D.P. Act. Learned counsel for the petitioner submits that the petitioner is husband and he is ready to keep his wife. The wife of the petitioner wants that the petitioner should keep her either in a separate house or the petitioner should come to the house of the complainant and when the petitioner did not agree, the complainant filed this complaint case making allegation of demand of dowry and torture. The complainant has got a child. Learned counsel for the complainant and learned A.P.P. submit that the complainant is also ready to restore

Patna High Court CR. MISC. No.56989 of 2019(2) dt.12-09-2019 2/2 conjugal relations provided that her husband keeps her properly and with all honour and dignity.

Having considered the willingness of the husband and the wife to live together, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rohtas at Sasaram in connection with Complaint Case No.636 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of four months.

(Prabhat Kumar Jha, J) Harish/- U