Niru Paswan @ Niru Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2800 of 2019 Arising Out of PS. Case No.-17 Year-2018 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Niru Paswan @ Niru Kumar, Son of Girak Paswan Resident of Vill.- Morabbichak, P.S.-Neemchak Bathani, Dist.-Gaya. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Phulmanti Devi, Wife of Niru Paswan @ Niru Kumar, Daughter of Raghuni Paswan, Resident of Vill.-Morabbichak, P.S-Neemchak Bathani, Dist.-Gaya. At present Resident of Vill.-Chiriyatand,P.S-Atari,Dist.-Gaya. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2019 Heard both sides.
The petitioner apprehends his arrest in Neemchak Bathani P.S. Case No.17 of 2018 registered under Section 498(A) and other Sections of the Indian Penal Code. The informant alleged that after marriage, she went to the house of the petitioner but the petitioner subjected her to all sorts of torture due to non-fulfillment of demand of additional dowry and dragged her out from the house. It is further alleged that petitioner has solemnised marriage with Pinki Devi. The learned counsel for the petitioner submits that petitioner is ready to keep his wife and on account of some family dispute, the informant lodged this case against the
Patna High Court Cr.Misc. No.2800 of 2019(2) dt.22-01-2019 2/2 petitioner making false allegation.
Since the petitioner is ready to keep his wife after resolving all his differences with his wife, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt of the order and on such, learned court below shall enlarge the petitioner on provisional bail for three months on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Xth, Gaya in connection with Neemchak Bathani P.S. Case No.17 of 2018, subject to the 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 the disputes between husband and wife and if the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall confirm and if the petitioner does not keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner immediately after lapse of three months in accordance with law. (Prabhat Kumar Jha, J) Saurabh/- U T