Bihari Sharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79195 of 2018 Arising Out of PS. Case No.-1464 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Bihari Sharan Son of Harishankar Prasad, Resident of Village +P.O.- Runni Saidpur, P.S.- Runni Saidpur, District- Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Vinita Kumari, Daughter of Jay Prakash Sah, Resident of Village - Radhanagar @ Mushahari, P.S.- Mushahari, District - Muzaffarpur, Sasural Address Village +P.S. Runni Saidpur, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.C 1464 of 2016 registered under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The complainant alleged that the petitioner subjected her to physical and mental torture due to non-fulfillment of additional demand of dowry.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all dignity. Considering the willingness of the petitioner to keep his wife with all dignity, the above named petitioner is directed to surrender in the court below within four weeks from the date

Patna High Court Cr.Misc. No.79195 of 2018(2) dt.28-01-2019 2/2 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., East Muzaffarpur/concerned court in connection with Complaint Case No.C 1464 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, 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