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Patna High CourtCR. MISC./14908/2015disposed

Satish Singh @ Satish Kumar v. State Of Bihar And ANR

2015-04-10Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14908 of 2015 Arising Out of PS.Case No. -301 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Satish Singh @ Satish Kumar Son of Bharat Singh, Resident of Village - Chak alaluddin, P.S. Vaishali, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neha Devi, D/o Sita Ram Singh, R/o Village - Bhagwanpur, P.S. Vaishali, District - Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the opposite party no. 2 apprehends his arrest in connection with Vaishali P.S. Case No. 301 of 2014 registered for the offences punishable under Sections 323, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Vaishali.

The stand of the petitioner is that he is ready to

keep the informant with full honour and dignity. In view of the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of with direction to petitioner to surrender and seek regular bail before the court below 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 the day of his surrender 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 the above stated period of four months.

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 cooperative 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.

non cooperative and rigid approach of the opposite party no. 2, the concerned court shall confirm the provisional bail granted to the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T