← Library
Patna High CourtCR. MISC./2400/2015disposed

Ranjeet Rai v. State Of Bihar And ANR

2015-01-20Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2400 of 2015 Arising Out of PS.Case No. -725 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ranjeet Rai .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 725 of 2013, in which, cognizance has been taken for the offence punishable under Section-323, 341, 379, 406, 498A, 120(B) of the Indian Penal Code as well as Section-3/4 of Dowry Prohibition Act.

The contention on behalf of the petitioner is that the petitioner is ready to keep the complainant with full honour and dignity.

In view of the aforesaid submissions, without entering into merit of the case, this petition stands disposed off with direction to the petitioner to surrender before the learned Sub Divisional Judicial Magistrate,/concerned court, Patna City and

Patna High Court Cr.Misc. No.2400 of 2015 (2) dt.20-01-2015 seek regular bail within four weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the petitioner shall be enlarged on provisional bail on the date of surrender itself, for a period of four months on furnishing bail bond of Rs 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate,/concerned court, Patna City in connection with Complaint Case No. 725 of 2013.

It is further made clear that after being released on provisional bail, the concerned court shall issue notice to the petitioner as well as the complainant, fixing a date for reconciliation and shall take all efforts to patch up the dispute of the parties within four months from the date of surrender of the petitioner. It is also made clear that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in his attempt due to rigid and noncooperative approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed by the concerned court and in that event, the petitioner shall be taken into custody and on his regular bail petition, the order shall be passed on its own merit without being prejudiced by this order.

Patna High Court Cr.Misc. No.2400 of 2015 (2) dt.20-01-2015 It goes without saying that if the reconciliation proceeding fails due to rigid and non-cooperative approach of the complainant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.

The concerned court shall obtain a report from Bakhtiyarpur Police Station as to whether any petition had been filed by father of the complainant or not and if, the officer-incharge, Bakhtiarpur Police Station reports in affirmative, the provisional bail granted to the petitioner shall be confirmed by the court concerned itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T