Santosh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50789 of 2013

======================================================
Santosh Kumar Choudhary, Son of Rajendra Choudhary, Resident of
Village- Khajauli Lohar Toli, P.S.- Khajauli, Distt- Madhubani
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
======================================================
======================================================
CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
ORAL ORDER
2. 21.03.2014. Heard learned counsel for the petitioner and the
State.

Petitioner-husband is apprehending his arrest in connection with a case registered for the offence under Section 498A and other allied Sections of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted on his behalf that notwithstanding the First Information Report he is ready and willing to continue the matrimonial relationship with the informant 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, he, named above, be admitted to the privilege of provisional bail on furnishing

Patna High Court Cr.Misc. No.50789 of 2013 (2) dt.21-03-2014

2

bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani in connection with Khajauli P.S. Case No. 61/13 and thereafter the informant 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 informant 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 informant 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.