Sulochan Raut v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41692 of 2014 ====================================================== Sulochan Raut Son of Late Naresh Raut Resident of Village - Pargavana (Tharthari), P.S.- Tharthari, District -Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanjeeta Devi Wife of Sulochan Raut Resident of Village - Parsavana, (Tharthari), P.S.- Tharthari, District -nalanda at present Sanjeeta Devi Daughter of Dilip Prasad Vill+ Mohalla - Gulaw Bag (Bargh), P.S.- Barh, District - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 11-03-2015 The present application has been filed for modification of order dated 24.04.2013 passed in Cr. Misc. No. 12389 of 2013, whereby petitioner was granted provisional anticipatory bail for one year in Complaint Case No. 17C of 2012 wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 406, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act, pending in the court of learned Sub-divisional Judicial Magistrate, Barh, Patna.

The provisional bail was to be confirmed by the learned court below on substantial restoration of matrimonial harmony or the complainant deliberately refuses to reside with the

Patna High Court Cr.Misc. No.41692 of 2014 (03) dt.11-03-2015 2/2 petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is still ready to keep the complainant with full dignity and honour.

It is submitted by learned counsel for the complainant that the petitioner failed to comply the undertaking given before this Court.

In the circumstances, this Court is not inclined to interfere. However, if both petitioner and the complainant appear before the learned court below and express their willingness to reconcile the issue then the prayer for regular bail of the petitioner may be considered by the learned court below.

Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T