Jaishankar Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14949 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -MAHILA PS District- BUXAR ====================================================== Jaishankar Tiwary, Son of Rama Shankar Tiwary, Resident of Village - Bhabhani, P.S. - Buxar (M), District : Buxar. .... .... Petitioner/s
Versus
The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the State : Mr. Sri Anish Chandra, APP For the informant : Dr. Shashi S. Kishore Mr. Abhay Krishna, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Buxar (Mahila) P.S. Case No. 81 of 2016 registered for offences punishable under 341,323,324, 354, 506, 509, 498(A), 406/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.
It has been submitted on behalf of the petitioner that the petitioner is still ready to keep his wife and he has given assurance in the court below that he is always ready to keep his wife with dignity and care, however, at that time the informant was not ready to live with him.
Heard learned counsel for the informant and learned A.P.P. also.
In view of the submission of learned counsel for the
Patna High Court Cr.Misc. No.14949 of 2017 (2) dt.07-04-2017 2/2 petitioner, let the petitioner surrender before the court below on 20.4.2017 and file a petition stating that he is still ready to keep the opposite party No. 2 with dignity and care and on that date the opposite party no. 2 shall also be present in Court and the Court below will enquire from the opposite party about her intention and once they are ready to live together, allow the petitioner and opposite party no. 2 to live together in a separate accommodation from the parental house and release the petitioner on provisional bail on furnishing bail bond of Rs.
25,000/- with two sureties of the like amount each to its own satisfaction for a period of six months and will watch their conduct on calling them on a date fixed in each month and after six months on being satisfied with the conduct of both the parties, the bail bonds of the petitioner shall be confirmed, otherwise the Court below is free to pass any order or orders as it may deem fit and proper. It is also made clear that if the opposite party No. 2 is not ready to live together, then also the petitioner shall be released on bail to the satisfaction of the Court below. With this observation the application is disposed of. (Vinod Kumar Sinha, J) S.