Kanhaiya Maharaj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19106 of 2015 Arising Out of Complaint Case No. -490 Year- 2013 Thana -MADHUBANI COMPLAINT CASE District- MADHUBANI ======================================================

1. Kanhaiya Maharaj Son of Chandradeo Maharaj resident of Chitra Gupt Nagar, Pokhariya Ward No. 31, P.S.- Begusarai, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjana Devi Daughter of Amol Maharaj resident of Sangi P.S.- Phulpras, District- Madhubani.

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the opposite party no. 2 apprehends his arrest in connection with C.R. Case No. 490 of 2013 in which cognizance has been taken for the offences punishable under Sections 323, 379, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, pending in the court of Sub Divisional Judicial Magistrate,

Jhanjharpur, Madhubani.

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 below within four weeks from the date of receipt/production of copy of this order to the court concerned and if petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of four months on the day of his surrender 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 the above stated period of four months.

by the concerned court. 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) SHAHZAD/- U T