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Patna High CourtCR. MISC./84631/2019disposed

Guddu Kushwaha v. The State Of Bihar

2020-06-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84631 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== GUDDU KUSHWAHA Son of Prahlad Kushwaha, R/o Village- Shivrajpur, P.S.- Bhairoganj, District- West Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Reeta Devi W/o Guddu Kushwaha, D/o Barma Bhagat, R/o VillageChhotaki Bairiya, P.S.- Laukariya, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP For the complainant : Mr. S.P. Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-06-2020 Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.12 of 2019 for the offences allegedly committed by the petitioner under Section 498(A) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is the husband of the complainant and he is ready to keep his wife.

Learned counsel for the complainant submits that the complainant is also ready to live with her husband. Having considered the facts that the husband and the

Patna High Court CR. MISC. No.84631 of 2019(4) dt.19-06-2020 2/2 wife are willing and ready to restore their conjugal relations, the above named petitioner is directed to surrender in the court below within four weeks from the date 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., Bagaha, West Champaran in connection with Complaint Case No.12 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for resolution of the dispute 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 T