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Patna High CourtCR. MISC./22506/2019bail granted

Om Prakash Patel v. The State Of Bihar

2021-12-09Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22506 of 2019 Arising Out of PS. Case No.-1213 Year-2006 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== OM PRAKASH PATEL S/O Deep Narain Patel, R/O Village- Mirja Nagar Makasi, P.S.- Mahua, Dist- Vaishali.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Renu Devi D/O Krishna Deo Singh, R/o Village- Bakhara, P.S.- Saraiya, Dist- Muzaffarpur.

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Complaint Case No.1213 of 2006, registered for the offences under Section 498-A and other allied sections of the Indian Penal Code.

The matter was earlier adjourned on 10.07.2019 so that the matter may be referred to the Patna High Court Mediation and Conciliation Centre for mediation between the petitioner and the opposite party No. 2, but due to COVID-19 pandemic, mediation process could not be initiated. In paragraph No.8 of the bail petition, specific

Patna High Court CR. MISC. No.22506 of 2019(4) dt.09-12-2021 2/3 statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before two weeks and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur, in connection with Complaint Case No. 1213 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter

Patna High Court CR. MISC. No.22506 of 2019(4) dt.09-12-2021 3/3 take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 09.04.2019 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) sanjeev/- U T