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Patna High CourtCR. MISC./8643/2015disposed

Niranjan Yadav v. The State Of Bihar

2016-11-16Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8643 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -ASARGANJ District- MUNGER ====================================================== Niranjan Yadav son of Yogendra Prasad Yadav Resident of village Makwa P.S.- Asarganj District- Munger.

.... .... Petitioner

Versus

1. The State of Bihar

2. Silekha Devi, D/o Kailash Yadav, R/o Vill. - Haliya Chock, P.S. Sultanganj, Distt. Bhagalpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 8.

16-11-2016 The present petition was filed for grant of regular bail in Asarganj P.S. Case No. 14 of 2014 registered for offence under Sections 341, 328, 324, 307, 504, 498(A) of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961. The petitioner, who is husband of opposite party no. 2, was granted provisional bail by this Court, vide order dated 04-03-2015, with some direction, which is quoted here-in-below:- "The petitioner is directed to deposit Rs. 750/- (seven hundred and fifty) per month in the Court below firstly within 15 days from the date of receipt of this order and subsequently by 15th every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. The court

Patna High Court Cr.Misc. No.8643 of 2015 (8) dt.16-11-2016 2/3 below shall inform the wife of the petitioner about the present order. However, if the Complainant/informant has a Bank account or subsequently opens a Bank account, the money shall be deposited in the account and a receipt to this effect shall be filed by 15th every month in the court below and in case he fails to do so his provisional bail would be automatically cancelled."

Subsequently, by order dated 29-07-2015, the matter was referred to Patna High Court Mediation & Conciliation Centre and interim order was directed to be continued till further order. After the order, for a long period, no report was submitted. Finally, by order dated 12-08-2016, it was noticed that Mediation Centre, Patna had reported that neither any relevant document nor copy of order dated 29-07-2015 was furnished and this was the reason that mediation could not take place. Thereafter, it was directed to list this case under the heading "For Admission". Learned counsel for the petitioner is not in a position to inform the Court as to whether order dated 04-03-2015 was complied with or not, however; vaguely, he submits that it appears that petitioner and opposite party no. 2 are living together. In view of fact that the order dated 04-03-2015 was

Patna High Court Cr.Misc. No.8643 of 2015 (8) dt.16-11-2016 3/3 apparently not complied with, the provisional bail order automatically comes to an end. Since learned counsel for the petitioner is not in a position to render proper assistance to the Court regarding the present status, there is no reason to keep the matter pending.

The petition stands disposed of.

(Rakesh Kumar, J.) Anay U T