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Patna High CourtCR. MISC./61406/2019disposed

Munilal Ram @ Ravi Ram v. The State Of Bihar

2019-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61406 of 2019 Arising Out of PS. Case No.-1212 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MUNILAL RAM @ RAVI RAM Son of Khirodhan Ram Resident of VillageP.S.- Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi W/o Munilal Ram @ Ravi Ram, D/o Rishi Ram, Resident of Village- Bahurupia, P.S.- Turkaulia, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.C-1212 of 2018 for the offence allegedly committed by the petitioner under Section 498A of the Indian Penal Code and under sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is the husband of the complainant and he is ready to keep his wife and child.

Learned counsel for the complainant also submits that the wife is willing to live with her husband but she complained that her husband used to torture her without any fault on her part. On such, learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61406 of 2019(2) dt.17-10-2019 2/2 petitioner will not torture his wife.

Having considered the facts that the husband and the wife are willing to restore their conjugal relations provided the husband keeps his wife and child with all honour and dignity, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Motihari, East Champaran in connection with Complaint Case No.C-1212 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for resolution of the dispute between the husband and the wife.

If the dispute is resolved and the petitioner keeps his wife and child properly, the provisional bail granted to the petitioner shall be confirmed and if the petitioner fails to keep his wife and child properly, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of six months.

(Prabhat Kumar Jha, J) Harish/- U T