Taleshwar Hembram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12462 of 2015 Arising Out of PS.Case No. -1657 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Taleshwar Hembram Son of Hari Charan Hembram of ranipatti, Sighiyan, P.S. Murliganj, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Talkoi Devi, wife of Taleshwar Hembram and daugher of Jhare Tuddu of Ranipatti Singhiyan, P.S. Murliganj, District - Madhepura at present residing at village Jhongi, P.S. Barhara, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint C.A.Case No. 1657 of 2013 registered for the offences punishable under Sections 494 and 498A of the Indian Penal Code and section 4 of Dowry Prohibition Act.

Petitioner happens to be the husband of the complainant and the stand of the petitioner is that he has not solemnized his second marriage and he is still ready to keep the complainant with full honour and dignity.

Without entering into the merit of this case, this

Patna High Court Cr.Misc. No.12462 of 2015 (2) dt.02-04-2015 2/3 petition stands disposed of with direction to petitioner to surrender and seek regular bail before the court of Sub-Divisional Judicial magistrate, Purnea in connection with Complaint C.A.Case No. 1657 of 2013 within four 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 four 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 co-operative 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 and his regular bail shall be decided on its own merit. It is needless to say that, if, the concerned court fails in his attempt, due to non cooperative and rigid approach of the opposite party no.

Patna High Court Cr.Misc. No.12462 of 2015 (2) dt.02-04-2015 3/3 concerned court shall confirm the provisional bail granted to the petitioner.

(Hemant Kumar Srivastava, J) Namita/- U