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Patna High Court - Orders

Raj Kiran Singh vs State Of Bihar & Anr on 20 February, 2015

Author: V.N. Sinha

Bench: V.N. Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.35028 of 2014
                  Arising Out of PS.Case No. -430 Year- 2012 Thana -COMPLAINT CASE District- KISANGANJ
                 ======================================================
                 Raj Kiran Singh, son of Kuldeo Singh, resident of village- Dahagaon, Police
                 Station- Bahadurganj, District- Kishanganj
                                                                         .... .... Petitioner/s
                                                    Versus
                 1. The State of Bihar
                 2. Alpana Devi, daughter of Nageshwar Prasad Singh and wife of Raj
                     Kiran Singh, resident of Dahagoan Post- Bhatta Bari, Police Station-
                     Bahadurganj, District- Kishanganj
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :   Mr. Dilip Kumar Singh, Advocate
                 For the Opposite Party/s    : Mr. Umeshnand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
                 ORAL ORDER

2   20-02-2015

Heard learned counsel for the petitioner and the State.

2. Petitioner-husband is apprehending his arrest in connection with a case registered for the offences under Sections 323, 379, 406, 120(B), 498-A of the Penal Code. It is submitted on his behalf that notwithstanding the Complaint Petition he is ready and willing to continue the matrimonial relationship with the complainant and to that effect he shall file a written undertaking on affidavit in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below. No sooner the petitioner surrenders in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and files such affidavit, petitioner, named above, be admitted to the privilege of Patna High Court Cr.Misc. No.35028 of 2014 (2) dt.20-02-2015 2/2 provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 430C of 2012 and thereafter the complainant should be noticed and after she appears in the court below, in presence of the court, petitioner shall make all possible efforts for resolution of the matrimonial dispute between him and the complainant not only by words of mouth but also by his suitable conduct and gesture. In the event, court below is satisfied that dispute is resolved and matrimonial peace prevails in the family or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner shall be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties.

3. This application is, accordingly, disposed of.

4. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner.

(V.N. Sinha, J.) Rajesh/-

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