Manobar Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74835 of 2018 Arising Out of Case No.-565 Year-2016 - COMPLAINT CASE District- Jamui ====================================================== Manobar Hussain, Son of Late Hussain, Resident of Village- Chandwari, P.S.- Madhupur, District- Deoghar (Jharkhand).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Raushan Khatoon, Wife of Manobar Hussain, D/o Md. Kamruddin, at present resident of Village Paithan Chauk Jamui, P.S.- Jamui, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 565C of 2016 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 2003 and complainant after some time left his house and started living with her parents. Sister of the petitioner was also married with the brother of complainant. 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

Patna High Court Cr.Misc. No.74835 of 2018(3) dt.09-01-2019 2/2 before learned S.D.J.M., Jamui in Complaint Case No. 565C of 2016 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 immediately thereafter.

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