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Patna High CourtCR. MISC./55610/2016disposed

Rajesh Kumar Paswan v. The State Of Bihar

2017-01-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55610 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Rajesh Kumar Paswan, Son of Shri Sukhdeo Paswan, Resident of Village- Sahpur Mabbi, O.P. P.S. Sadar District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2017 Heard both sides.

The petitioner apprehends his arrest in Sadar (Mabbi O.P.) P.S. case No. 173 of 2015 registered under Section 498(A) and other Sections of the Indian Penal Code.

The petitioner is husband and the informant/ wife has made allegation of demand of dowry and torture against the petitioner.

It is submitted that petitioner earlier filed divorce case and thereafter his wife filed this case but the petitioner is ready to keep his wife on any undertaking.

Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the

Patna High Court Cr.Misc. No.55610 of 2016 (2) dt.12-01-2017 2/2 court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner for six months on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in Sadar (Mabbi O.P.) P.S. case No. 173 of 2015.

The court below shall make all efforts for resolving 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) BKS/- U T