Chandan Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31997 of 2014 Arising Out of PS.Case No. -10 Year- 2014 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Chandan Kumar Paswan Son of Sri Chandra Bhushan Paswan Resident of Village- Tajnipur, P.S.- Bind, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar. null null

2. Sulekha Devi D/o Sri Om Prakash Paswan Resident of Village + P.S.- Manpur, District- Nalanda.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 10 of 2014, in which, cognizance has been taken for the offence punishable under Section-498A, 323, 504, 34 of the Indian Penal Code and Section-3/4 of Dowry Prohibition Act.

The contention on behalf of the petitioner is that the petitioner is ready to keep the complainant with full honour and dignity.

In view of the aforesaid submissions, without

Patna High Court Cr.Misc. No.31997 of 2014 (2) dt.02-02-2015 entering into merit of the case, this petition stands disposed off with direction to the petitioner to surrender before the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif and seek regular bail within four weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the petitioner shall be enlarged on provisional bail on the date of surrender itself, for a period of four months on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Mahila P.S. Case No. 10 of 2014.

It is further made clear after being released on provisional bail, the concerned court shall issue notice to the petitioner as well as the complainant, fixing a date for reconciliation and shall take all efforts to patch up the dispute of the parties within four months from the date of surrender of the petitioner.

Patna High Court Cr.Misc. No.31997 of 2014 (2) dt.02-02-2015 regular bail petition, the order shall be passed on its own merit without being prejudiced by this order.

It goes without saying that if the reconciliation proceeding fails due to rigid and non-cooperative approach of the complainant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T