Patna High CourtCR. MISC./78866/2018disposed

Sharwan Mukhiya v. State Of Bihar And ANR

2019-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78866 of 2018 Arising Out of PS. Case No.-213 Year-2014 Thana- JHANJHARPUR District- Madhubani ====================================================== Sharwan Mukhiya S/o Shidheshwar Mukhiya R/o Village Godhanpur, P.S. Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

1. State of Bihar.

2. Punita Devi W/o Sharwan Mukhiya, R/o Village - Godhanpur, P.S.- Jhanjharpur, District Madubani, presently residing at Pratapur, Ward No. 08, P.S. Jhanjharpur, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshman Lal Pandey For the Opposite Party/s :

Mr.Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Jhanjharpur P.S. Case No. 213 of 2014, disclosing offences under Sections 34, 323, 379, 498A, 506 and 34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry of Rs. one lakh. Submission of learned counsel for the petitioner is that he is still ready to keep the informant with full honour and dignity and the allegation levelled is false and concocted rather the informant herself does not want to live with the petitioner. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.78866 of 2018(2) dt.11-01-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks and on his surrender, the court below shall release the petitioner on provisional bail for a period of two months to his own satisfaction and in the meantime, the court below will notice the informant and petitioner and on appearance of the parties, the court below will try to reconcile the dispute between the parties and if the reconciliation fails and it is found that the petitioner is at no fault, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper.

(Vinod Kumar Sinha, J) sunilkumar/- U T