Md. Wasi Rajja v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34603 of 2014 Arising Out of PS.Case No. -18 Year- 2013 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Md. Wasi Rajja S/o Abdul Wahid Resident of Village Bithalpur, P.S. Jamui, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabnam Pravin W/o Md. Wasi Rajja At present residing at Mohalla Mogalakhar (Nawada), P.S. Bundelkhand, District Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-05-2015 Heard the parties.

At the very outset, it is pointed out on behalf of the parties that the petitioner and the informant are ready to live together but it is, specifically, pointed out on behalf of the informant that the informant has still some apprehension of torture likely to be meted out by the petitioner.

In the aforesaid circumstance, this anticipatory bail petition stands disposed off with direction to the petitioner to surrender before the court of learned Chief Judicial Magistrate/concerned court, Nawada in connection with Mahila P.S. Case No. 18 of 2013 within four weeks from today and seek regular bail and if, the petitioner does so, the concerned court shall

Patna High Court Cr.Misc. No.34603 of 2014 (3) dt.01-05-2015 enlarge the petitioner on provisional bail for a period of six months on execution of bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mahila P.S. Case No. 18 of 2013 to the satisfaction of the learned Chief Judicial Magistrate/concerned court, Nawada and shall keep strict vigil over the relation of the petitioner with the informant and if, the informant makes any complain before the concerned court in respect of ill behaviour of the petitioner, the concerned court shall not confirm the provisional bail, granted to the petitioner after due and proper inquiry.

Furthermore, the learned trial court shall give similar treatment to the informant, if the petitioner makes the complain about the ill behaviour of the informant, the provisional bail granted to the petitioner shall be confirmed by the court below at his own level. It goes without saying that if, the concerned court finds that the cordial relation of the parties is satisfactory and there is no complain by either of the parties, the learned court below shall confirm the provisional bail, granted to the petitioner. (Hemant Kumar Srivastava, J) A.K.V.