Tripurari Prasad @ Tripurari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6624 of 2017 Arising Out of PS.Case No. -468 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. TRIPURARI PRASAD @ TRIPURARI SINGH, son of Shyam Kishore Singh, resident of village- Singarpur, P.S.- Surajgarha, DistrictLakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 17-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Lakhisarai (Kabaiya) P.S. Case No.468 of 2016 instituted for the offence under Section(s) 341, 323, 307, 504, 498-A, 506, 120-B Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Both husband and wife have appeared in Chambers today.

Husband has stated that he is keeping the wife with all care. Wife has also stated that she is living with her husband. After talking with wife, it appears that there is still some confusion between the spouses.

Prayer has been made by the counsel for the Opposite Party No.2 that some more monitoring is required in

Patna High Court Cr.Misc. No.6624 of 2017 (6) dt.17-07-2017 2/3 this case.

In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Chief Judicial Magistrate, Lakhisarai, within a period of four weeks from today in connection with Lakhisarai (Kabaiya) P.S. Case No.468 of 2016, along with wife and the Court below will release the petitioner on provisional bail to its own satisfaction for a period of six months and will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship has been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, the Court below will confirm the provisional bail of the petitioner after six months.

It is made clear that in the event the petitioner does not surrender in the Court below along with wife, as ordered above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the petitioner and the Court below is satisfied with such statement, it

Patna High Court Cr.Misc. No.6624 of 2017 (6) dt.17-07-2017 3/3 will be open to the Court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.

This application is, accordingly, disposed off. . (Sanjay Priya, J) JA/- U T