Dharmbir Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12593 of 2015 Arising Out of PS.Case No. -78 Year- 2013 Thana -BUXAR COMPLAINT CASE District- BUXAR ======================================================

1. Dharmbir Chauhan Son of Sukhadeo Chauhan resident of village - Trikalpur, Post Jalhara, P.S. Rajpur, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kamli Devi Wife of Dharmbir Chauhan resident of village - Trikalpur, Post Jalhara, P.S. Rajpur, District - Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner happens to be husband of the complainant. It is submitted on behalf of the petitioner that he is ready to keep the complainant with full honour and dignity but the complainant does not want to live with the petitioner. Taking note of the of the aforesaid submission and the facts and circumstances of the case this anticipatory bail petition stands disposed of with a direction to the petitioner to surrender before the court below and seek regular bail within four weeks from the date of receipt/production of a copy of this order and if the petitioner does so, the court concerned shall release

Patna High Court Cr.Misc. No.12593 of 2015 (2) dt.18-05-2015 2/2 him on provisional bail on the day of his surrender for a period of four months on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Buxar in Complaint Case No. 78© of 2013 and shall issue notice to the complainant and petitioner fixing the date for reconciliation and shall take all possible efforts to settle the dispute of the parties even by way of one time settlement.

It is made clear that if the reconciliation proceeding fails due to non-cooperative approach of the complainant, the concerned court shall confirm the provisional bail granted to the petitioner but if the reconciliation fails due to non cooperative approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed by the court concerned and in that event, the concerned court shall pass appropriate order on regular bail petition of the petitioner. 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.

(Hemant Kumar Srivastava, J) M.Rahman/- U T