Munna Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84025 of 2019 Arising Out of PS. Case No.-475 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== MUNNA RAJAK Son of Vijay Rajak Resident of Village - Mokama, P.S.- Mokama, Distt.- Patna(Bihar) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rupa Devi W/o Munna Rajak, D/o Suresh Rajak, Resident of Village - Mokama, P.S.- Mokama, Distt.- Patna, At present residing at Village - Chany, P.S.- Jhajha, Distt.- Jamui.

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.475C of 2017 registered under Section 498A of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

The petitioner is the husband of the complainant. The learned counsel for the petitioner and the learned counsel for the complainant submit that the husband and the wife are willing to live together.

Learned counsel for the complainant submits that wife has got children. If her husband keeps her properly, she is willing to restore her conjugal relation.

Taking into consideration the fact that the husband

Patna High Court CR. MISC. No.84025 of 2019(4) dt.10-07-2020 2/2 and the wife are willing to live together after sinking their differences, let the petitioner, above named, is directed to surrender before the court below within a period of six weeks from the date of receipt of the order and on such learned court below shall enlarge the petitioner on provisional anticipatory bail for six 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 Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No.475C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall take all efforts for resolution of the dispute between the husband and the wife and if the petitioner keeps his wife with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife with all honour and dignity, learned court below shall pass order on the provisional bail of the petitioner in accordance with law immediately after lapse of six months.

(Prabhat Kumar Jha, J) Saurabh/- U T