Sunil Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.20812 of 2015 (2) dt.18-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20812 of 2015 Arising Out of PS.Case No. -1465 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Sunil Sah son of Sri Sikandar Sah, resident of village Sundargawan, P.S.- Gopalpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Devi wife of Sunil Sah, and daughter of Sri Hira Sah, resident of Village- Mahanchhi Nain, P.S.- Gopalpur, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be husband of the complainant and stand of the petitioner is that he is still ready to keep complainant with full honour and dignity.

Considering the aforesaid facts and circumstances of the case, this anticipatory bail stands disposed of with direction to petitioner to surrender before Sri Rakesh Kumar III, Judicial Magistrate, Ist Class, Bettiah, West Champaran/ concerned court in connection with Complaint case no. 1465C /2012, trial no. 2653/2015 within four weeks from the date of receipt /production of a copy of this order and seek regular bail and if petitioner does so, the concerned court shall release the petitioner on provisional bail on the day of his surrender for a period of four months on furnishing

Patna High Court Cr.Misc. No.20812 of 2015 (2) dt.18-05-2015 bail bonds of Rs. 10,000/- with two sureties of the like amount each to his satisfaction.

Furthermore, after being released the petitioner on provisional bail, the concerned court shall issue notice to the petitioner as well as complainant fixing a date for reconciliation and shall take all possible steps to patch up the dispute of the parties and in the above stated attempt, if the concerned court succeeds to patch up the dispute of the parties, the concerned court shall pass order for confirmation of bail of the petitioner but if the concerned court fails due to rigid approach of the petitioner, then, in that event, provisional bail of the petitioner will not be confirmed by the court below and in that event, petitioner shall be taken into custody and his regular bail application shall be decided by the concerned court on its own merit. It goes without saying that if the aforesaid effort fails on account of rigid and non-cooperative approach of the complainant, the provisional bail of the petitioner shall be confirmed by the court below itself.

Shahid ( Hemant Kumar Srivastava, J.) U T