Allowed

Jitendra Prasad v. State Of Bihar and Anr.

Patna HC19 Apr 2014CR. MISC./8735/2014

Case brief

AI extract

What is this about?

The High Court granted provisional bail to the petitioner, a husband apprehending arrest in domestic violence complaints. The petitioner must file an affidavit undertaking to continue the marital relationship, surrender with bonds worth Rs. 5000 and two sureties, and make efforts to resolve the dispute in the lower court within four weeks.

What did the court decide?

Provisional bail granted upon surrendering with bond of Rs. 5000, two sureties, and filing affidavit undertaking to resolve dispute in lower court.

Jitendra Prasad Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8735 of 2014

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Jitendra Prasad, S/O Late Tribhuban Prasad, resident of VillageKishunpara, P.S- Masarak, District- Saran.

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.... .... Petitioner

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Versus

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The State of Bihar

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Nirmala Devi, W/O Jitendra Prasad, presently resident of VillageBarbaghat Chapiya, P.S- Masarakh, District- Saran.

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.... .... Opposite Parties

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====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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Heard learned counsel for the petitioner and the State.

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3 19-04-2014

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Petitioner-husband is apprehending his arrest in

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connection with a complaint case registered for the offence under Section 498A and other allied Sections of the Penal Code and

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Sections 3, 31 of the Protection of Women From Domestic Violence Act, 2005. 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, he, named above, be admitted to the privilege of provisional bail on furnishing bail

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Patna High Court Cr.Misc. No.8735 of 2014 (3) dt.19-04-2014

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bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Saran at Chapra in connection with Complaint Case No. 1044/2012, Tr. No. 2458/2013 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.

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This application is, accordingly, disposed of.

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Let this order be communicated to the court below

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through fax on payment of usual charges by the petitioner.

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(V.N. Sinha, J)

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Rajesh/-

Jitendra Prasad v. State Of Bihar and Anr.

Case brief

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Jitendra Prasad v. State Of Bihar and Anr.

Case brief

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