Ombir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85342 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- GANGTA District- Munger ====================================================== Ombir Sah, aged about 30 years, Male, Son of Nand Lal Sah, Resident of Village- Motihari, P.S.- Gangta, District Munger. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, Wife of Ombir Sah, Resident of Village Motihari, P.S. Gangta, District Munger.

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner and Mr. Syed Mojibur Rahman, the learned Additional P.P.

The petitioner himself received the notice issued to opposite party no.2.

The petitioner apprehends his arrest in Gangta P.S. Case No.41 of 2019, registered under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. Taking into consideration the facts aforesaid, the petitioner is directed to surrender in the court below within six weeks from the date of receipt of this order and thereafter the learned court below shall enlarge the petitioner on provisional

Patna High Court CR. MISC. No.85342 of 2019(4) dt.28-08-2020 2/2 bail for six months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Munger in connection with Gangta P.S. Case No.41 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. Thereafter the learned court below shall make efforts for resolution of the dispute between the husband and the wife. If the dispute between the husband and the wife is resolved amicably, the learned court below shall confirm the provisional bail granted to the petitioner. If the dispute between the husband and the wife is not amicably resolved, the learned court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months. (Prabhat Kumar Jha, J) S.KUMAR/- U T