Pankaj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4884 of 2015 Arising out of PS.Case No. -1581 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Pankaj Kumar, Son of Dr. K. C. Kakkar, R/O Sapna Apartment, Flat no.A/103,Ram Nagri Sector-III, Ashina Nagar, Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Puja Mehta, W/O Pankaj Kumar, D/O Ashok kumar Mehta, resident of Mohalla-Mirzapur,P.S+P.O-Civil Lines, Distt.-Darbhanga .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Archana Sinha @ Archana Shahi For the State : Mr. Amit Kr. Rakesh(App) For the Complainant : Mr. Krishna Pd. Singh, Sr. Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2015 Heard Mrs. Archana Sinha learned counsel for the petitioner and learned Additional Public Prosecutor as well as Sri Krishna Pd. Singh, learned senior counsel for the complainantwife. The petitioner apprehends his arrest in a case under Sections 498A, 323, 406 of the Indian Penal Code and 3⁄4 of the D. P. Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife but Sri Krishna Pd. Singh, learned senior counsel for the complainant, submits that the wife was ready to live with the husband but her husband refused to keep her as the same would appear from the order of the learned

Patna High Court Cr.Misc. No.4884 of 2015 (3) dt.23-06-2015 2 / 2 Sessions Judge.

It appears that the petitioner is now ready to keep his wife on any undertaking. The wife is also ready to live with the husband.

Considering the facts, the petitioner Pankaj Kumar is directed to surrender in the court below within four weeks from the date of this order and on such the learned court below shall enlarge the petitioner on provisional bail on furnishing bail bonds of Rs. 10,000/- with two sureties each of a like amount to the satisfaction of S.D.J.M., Darbhanga in C.R. Case No. 1581/2013, T.R. No. 3338/2014 subject to the conditions as laid down under Section 438(2) Cr. P.C. after issuing notice to the complainant, and the learned court below shall make effort to resolve the dispute between the husband and wife. If the dispute between the husband and wife is resolved the provisional bail granted to the petitioner shall be confirmed. If the dispute between the husband and wife is not resolved and the husband is not ready to keep his wife the learned court below shall pass order on merit on provisional bail of the petitioner.

U.K./- (Prabhat Kumar Jha, J) U T