The Single Judge guided the petitioner to surrender and granted provisional bail for four months in a Section 498A case, subject to reconciliation conditions between the spouses.
Directing surrender within four weeks, granting provisional bail for four months, directing notice to informant and furnishing of bail bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18631 of 2015
Arising Out of PS.Case No. -3475 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA
====================================================== Mukesh Sahni s/o Siyaram Sahni, rsident of Village: Garhia, Police Station : Bhawanipur District: Purnia
.... .... Petitioner Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Sudhir Kumar Thakur, Advocate. For the Opposite Parties : Ms. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 14-12-2015 Heard both sides. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with due regard and care. Learned counsel for the complainant-wife submits that the complainant is also ready to live with her husband provided that her husband does not subject her any sorts of torture and keeps her properly.
Considering the facts, the petitioner above named is directed to surrender in the court below within four weeks from
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the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for four months, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Purnia in C.A. No. 3475 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner can be granted provisional bail after directing surrender for a Section 498A case.
Whether the conditions for provisional bail and reconciliation can be imposed in a matrimonial dispute case.
1 provisions across 1 enactments
Mukesh Sahni
The State of Bihar
Smt Rita Devi
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
