Bala Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74837 of 2018 Arising Out of . Case No.-128 Year-2014 WEST CHAMPARAN COMPLAINT DistrictWest Champaran ====================================================== Bala Sahni S/o Singhasan Sahni, Resident of Village- Telhua, P.S.-Nautan District-West Champaran. Presently Resident of Mohalla-Harinagar, P.S.- Ramnagar, District-West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Rina Devi, W/o Bala Sahni, D/o Bhoj Choudhary, Resident of Village- Malahi Tola, P.S.-Bairiya, Dist.-West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 128-C of 2014 registered under Section 498A of the Indian Penal Code.

The learned counsel for the petitioner submits that petitioner is husband of the complainant. The marriage was solemnized in the year 2008 but the complainant herself deserted the petitioner. The petitioner is always ready to keep his wife but she is reluctant to live with petitioner. Considering the facts that petitioner is ready to keep his wife , the petitioner, above named, is directed to surrender before learned S.D.J.M., Bettiah, West Champaran in Complaint

Patna High Court Cr.Misc. No.74837 of 2018(3) dt.09-01-2019 2/2 Case No. 128-C/2014 within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to his own satisfaction, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Thereafter, the learned court below shall make all efforts for resolution of dispute between the husband and wife and if the wife is willing to live with her husband and petitioner is ready to keep his wife property, the learned court below shall confirm the provisional bail of the petitioner. If the dispute between the husband and wife is not resolved within six months, the learned court below shall pass order on the provisional bail of the petitioner after lapse of six months.

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