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Patna High CourtCR. MISC./30546/2015disposed

Ekbali Yadav And ANR v. State Of Bihar And ANR

2015-07-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30546 of 2015 Arising Out of PS.Case No. -3231 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Ekbali Yadav

2. Mukhtar Yadav @ Mokhtar Yadav .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Bhakta For the Opposite Party/s : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard both sides.

The petitioners apprehend their arrest in a case registered under Section 498(A) and 323 of the Indian Penal Code. The petitioners are husband and father-in-law of the complainant. The complainant was married to petitioner No.1 in the year 2002 but on some petty dispute the complainant filed this case. The petitioner No.1 is husband of the complainant and is ready to keep his wife.

Considering the fact that petitioner No.2 is father-inlaw of the complainant, the petitionerNo.2, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail

Patna High Court Cr.Misc. No.30546 of 2015 (2) dt.29-07-2015 2/2 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Abhishek Kumar, learned Judicial Magistrate, 1st class, Gopalganj in Complaint Case No. 3231/14, Trial No. 4658/15, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far petitioner No.1, Ekbali Yadav is concerned, he is ready to keep his wife. Considering his willingness, the above named petitioner No.1 is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the court below.

The court below shall make all efforts for reconciliation of 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