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Patna High CourtCR. MISC./87338/2019disposed

Hemant Kumar Singh v. The State Of Bihar

2020-10-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87338 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Hemant Kumar Singh Son of Ram Dular Singh R/O Village Damodarpur Jigani, P.S. Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-10-2020 Heard the learned counsel for the petitioner and the State.

The petitioner, who is the husband of Opposite Party No. 2 seeks bail in anticipation of his arrest in connection with Bhabhua P.S. Case No. 210 of 2019 dated 17.04.2019 instituted for the offences under Sections 498(A), 323, 406 and 34 of the Indian Penal Code.

Keeping in mind the stand of the petitioner that he is ready to restore the matrimonial life with Opposite Party No. 2, notice was issued to the O.P. No. 2.

Nobody appears on behalf of Opposite Party No. 2 today.

Learned counsel for the petitioner reiterates

Patna High Court CR. MISC. No.87338 of 2019(6) dt.07-10-2020 2/2 the stand of the petitioner that he is ready to keep his wife with full dignity and honour.

Considering this stand of the petitioner, this Court directs that if the petitioner surrenders before the court below within a period of eight weeks and prays for bail with similar stand that he shall keep his wife with full dignity and honour, he shall be granted provisional bail and the wife of the petitioner (O.P. No. 2) shall be noticed. On appearance of the Opposite Party No. 2, the court will explore the possibility of settling the modalities for the restitution of the matrimonial life of the spouses. If the matrimonial dispute is resolved, the provisional bail of the petitioner shall be confirmed. If at all the Opposite Party No. 2 would not be willing to go with the petitioner without any plausible cause, that should also be taken into account while confirming the bail of the petitioner.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T