Ram Chandra Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.9349 of 2015 (2) dt.09-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9349 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Ram Chandra Mandal Son of Late Chandipad Mandal resident of village Panktola, Garbanaili, P.S. Kasba, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibha Kumari @ Bibha Devi Daughter of Suk Narain Mandal resident of Naya Tola Pranpur, P.S. Pranpur, District Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner happens to be husband of the complainant and as per submission, he is ready to keep complainant with full honour and dignity.

In view of the aforesaid submission, this anticipatory bail stands disposed of with direction to petitioner to surrender before the Sub divisional Judicial Magistrate, Katihar/ concerned court in connection with C. A. no. 183/2014 within six weeks from today and seek regular bail and if petitioner does so, the concerned court shall release the petitioner on provisional bail on the day of

Patna High Court Cr.Misc. No.9349 of 2015 (2) dt.09-03-2015 his surrender for a period of four months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to his satisfaction.

Furthermore, after being released the petitioner on provisional bail, the concerned court shall issue notice to the petitioner as well as complainant fixing a date for reconciliation and shall take all possible steps to patch up the dispute of the parties and in the above stated attempt, if the concerned court succeeds to patch up the dispute of the parties, the concerned court shall pass order for confirmation of bail of the petitioner but if the concerned court fails due to rigid approach of the petitioner, then, in that event, provisional bail of the petitioner will not be confirmed by the court below and in that event, petitioner shall be taken into custody and his regular bail application shall be decided by the concerned court on its own merit. It goes without saying that if the aforesaid effort fails on account of rigid and non-cooperative approach of the complainant, the provisional bail of the petitioner shall be confirmed by the court below itself. Shahid ( Hemant Kumar Srivastava, J.) U T