Rajesh Kumar Roy @ Rajesh Roy v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.38425 of 2017 (4) dt.22-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38425 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Rajesh Kumar Roy @ Rajesh Roy son of Rajendra Roy, resident of Village/ Mohalla- Samahairiya, Police Station- Agnoar, District- Arwal. At present resident of Rour Kela, Ved Vyash Chowk, Durga Mandap Gali, Police Station- Brahmni Tarang, District- Sundargarh, State- Odisha. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Punita Devi wife of Rajesh Kumar Roy, resident of Village- Balbandh, Police Station- Charpokhari, District- Bhojpur at Ara. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bhojpur Mahila Police Station Case No. 159 of 2016, disclosing offences under Sections 379, 498-A, 406 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, earlier the prayer for bail of this petitioner has been rejected on the ground that the mediation could not be succeeded as the petitioner was not appearing in the

Patna High Court Cr.Misc. No.38425 of 2017 (4) dt.22-11-2017 mediation proceeding. Now, the matter was again sent for mediation in which petitioner is appearing but on nonappearance of informant-wife, mediation could not be succeeded, which is evident from mediation report. Since the petitioner is ready to reconcile the matter and the informant wife is not taking interest for conciliation of the matter, therefore, the petitioner may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail 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, Bhojpur at Ara, in connection with Bhojpur Mahila Police Station Case No. 159 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T