Niranjan Pandey @ Niranjan Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5689 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Niranjan Pandey @ Niranjan Kumar Pandey Son of Hirdya Nand Pandey, Resident of Village - Arar More (200 Meters South of), P.s. & District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Kumari, Daughter of Ramjee Ojha, Resident of Village - lachhpur, P.s. - Gopalpur, District - Goaplganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Navin Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Gopalganj Town Police Station Case No. 264 of 2014 registered for the offences punishable under Sections 498A, 420, 406, 223, 379, 504/34 of the Indian Penal Code.

At the very outset, learned counsel for the petitioner submits that petitioner is still ready to revive the matrimonial dispute with opposite party no. 2.

Without entering into the merit of this case, this petition stands disposed of with direction to petitioner to surrender

Patna High Court Cr.Misc. No.5689 of 2015 (2) dt.11-02-2015 2/3 and seek regular bail before the court below within six weeks from today and, if, petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of four months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the concerned court and after releasing the petitioner, the concerned court shall issue notice to the petitioner as well as opposite party no. 2 fixing date for conciliation and shall take all possible steps to patch up the dispute of the parties within six months from the date of issuance of the above stated notice.

It goes without saying that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself, but if the concerned court fails in his attempt, due to rigid and non cooperative approach of the petitioner, the provisional bail granted to him shall not be confirmed by the concerned court and in that event petitioner shall be taken into custody by the concerned court. It is needless to say that, if, the concerned court fails in his attempt due to non co-operation and rigid approach of the opposite party no. 2, the concerned court shall confirm the provisional bail granted to the petitioner.

(Hemant Kumar Srivastava, J) Namita/-

Patna High Court Cr.Misc. No.5689 of 2015 (2) dt.11-02-2015 3/3 U