Chhathu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84035 of 2019 Arising Out of Case No.-1934 Year-2015 WEST CHAMPARAN COMPLAINT DistrictWest Champaran ====================================================== CHHATHU CHAUDHARY Son of Shri Bharat Chaudhary Resident of Village - Sherahwa Dakahwa, P.S.- Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Dhrupati Devi Wife of Chhathu Chaudhary Resident of Village - Sherahwa Dakahwa, P.S.- Shikarpur, District - West Champaran, at present village - Belwabahuari, P.S.- Gaunaha, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2020 Heard Mr. B. N. Mishra, the learned counsel for the petitioner, Mr. Umanath Mishra, the learned APP and Mr. Sanjay Kumar, the learned counsel for the complainant. The petitioner apprehends his arrest in Complaint case No. 1934C/ 2015 for the offences allegedly committed by the petitioner under Section 354, 498A, 323 of the IPC . The learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. The complainant herself deserted the petitioner, therefore, he filed Matrimonial Case No. 344/2016 for restitution of conjugal rights.

The learned counsel for the complainant submits that

Patna High Court CR. MISC. No.84035 of 2019(3) dt.17-06-2020 2/2 wife is also willing to restore the conjugal relation. Taking into consideration the fact that husband and wife are willing to restore the conjugal relation, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for six months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, West Champaran, Bettiah in connection with Complaint case No. 1934C/ 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioner keeps his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after six months.

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