Dr. Shreemant Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12502 of 2022 In CRIMINAL MISCELLANEOUS No.4446 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== DR. SHREEMANT GAUTAM S/o- DR. SANTOSH KUMAR Resident of Mohalla- Belwanawa Motihari, Post- Motihari, P.S.- Motihari, District- East Champaran, at present posted as Assistant Professor Pediatric M.G.M. College Kishanganj, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Neha Ram Bihari Singh Akaashvani Road, Khajpura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned counsel for the opposite party No. 2.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 123 of 2018, registered for the offences punishable under Sections 498A/34 of the Indian Penal Code. The petitioner was granted provisional bail vide order dated 26.08.2019 in Cr. Misc. No. 4446 of 2019. One of the conditions was that the court below shall release the petitioner on provisional bail for a period of one year to his own satisfaction and in the mean time, the court below will watch the conduct of the parties

Patna High Court CR. MISC. No.12502 of 2022(4) dt.12-10-2022 2/2 by calling the informant and petitioner once in two months for a period of one year. If the court below is satisfied with the conduct of the parties, especially, the conduct of the petitioner, he will confirm the provisional bail of the petitioner. Otherwise, he is free to pass any order as he deems fit.

Learned counsel for the petitioner has submitted that as per compliance of the order of this Court the petitioner was continuously appearing before the Court below except corona period but the opposite party no. 2 was not appearing. The petitioner is directed to appear before the court below and the court below shall examine the matter as well as the fact as to who flouted the conditions observed by the order dated 26.08.2019. The period of one year as mentioned in order dated 26.08.2019 is extended for six months.

With these observations, the criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-sonali U T