Bidya Sagar Pandey @ Ishwar Chandera Pandey @ Ishwar Chandra Bidya Sagar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12972 of 2015 Arising Out of PS.Case No. -2652 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Bidya Sagar Pandey @ Ishwar Chandera Pandey @ Ishwar Chandra Bidya Sagar Pandey S/o Late Nathuni Pandey Resident of Village Parsa, P.O. Parsa, P.S. Majhaulia, District West Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

2. Rani Devi W/o Bidya Sagar Pandey @ Ishwar Chandera Pandey @ Ishwar Chandra Bidya Sagar Pandey, D/o Late Gautam Pandey Resident of Village Madhu Chapra, P.S. Pipara Kothi, District East Champran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar For the Opposite Party : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 2652C of 2013 registered under Sections 498A, 323 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is the husband of the complainant (opposite party no.2) and is ready to keep the complainant with full dignity and honour. Further submission is that petitioner has already filed Matrimonial Case No. 228 of 2013 in the Court of Principal Judge, Family Court, Bettiah, West Champaran for restitution of conjugal life.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.12972 of 2015 (2) dt.02-06-2015 2/2 complainant/O.P. No. 2 submits that complainant/O.P. No. 2 is ready to lead the conjugal life with the petitioner. Having considered the facts and circumstances of the case, let the above named petitioner be released on provisional bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Complaint Case No. 2652C of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Learned trial court is directed to issue notice to the complainant (opposite party no. 2) and make attempt to resolve the dispute in between the petitioner and the complainant (opposite party no.2) by taking all possible efforts and if the dispute is resolved them confirm the provisional bail of the petitioner. If the dispute is not resolved then the trial court will pass the order on its own merit.

Accordingly the application is disposed off.

(Rajendra Kumar Mishra, J) Shageer/- U T