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Patna High CourtCR. MISC./22637/2015disposed

Arjun Ram v. State Of Bihar And ANR

2015-07-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22637 of 2015 Arising Out of PS.Case No. -2159 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Arjun Ram Son of Rajendra Ram Resident of Village - Madhopur Khairi, P.S. Beni O.P. (Pusa), District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vinita Devi W/o Arjun Ram at present D/o Ram Lalit Ram, Resident of village - Champapur, P.S. Baligaon, District - Vaishali at Hajipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-07-2015 Learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner happens to be husband of the complainant and, as per submission, he is still ready to keep the complainant with full honour and dignity.

Without entering into the merit of this case, this petition stands disposed of with direction to petitioner to surrender and seek regular bail before the court of Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 2159 of 2014 within four weeks from today and, if, petitioner does so, the concerned court shall release the petitioner on

Patna High Court Cr.Misc. No.22637 of 2015 (2) dt.07-07-2015 2/2 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. 2, the concerned court shall confirm the provisional bail granted to the petitioner.

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