Bhagchandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19835 of 2020 Arising Out of PS. Case No.-694 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== BHAGCHANDRA KUMAR S/o- Upendra Sharma @ Hira Lal Sharma Resident of Sakin- Morra Jharkaha, P.S.- Shankarpur, District- Madhepura. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Raju Kumari W/o- Bhagchandra Kumar, D/o- Ramkishore Sharma Resident of Sakin Hanumannagar, Ward No. 11, P.S.- Banmankhi, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2020 The present case has been brought under the heading "To Be Mentioned" for correcting the typographical/ clerical error, which has occurred in the order dated 22.06.2020. It is pointed out that in the last paragraph of page no.2 of the aforesaid order dated 22.06.2020, it has been mentioned as follows:- " I deem it fit and appropriate to grant liberty to the petitioner to surrender before the learned court of Judicial Magistrate 1st class, Purnia in connection with complaint case no. 694 of 2018, within a period of four weeks, whereupon the learned court below shall immediately grant provisional bail to the petitioner herein subject to such conditions as may be

Patna High Court CR. MISC. No.19835 of 2020(3) dt.10-07-2020 2/3 deemed fit and appropriate to be imposed by the learned court below", however, the fact is that the petitioner is already behind bars.

Accordingly, the second last paragraph at page 2 of the aforesaid order dated 22.06.2020 is deemed to have been deleted and instead, it is directed that the same be substituted by the following paragraph:- "Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to direct the learned Judicial Magistrate, 1st Class, Purnea, to immediately release the petitioner on provisional bail in connection with Complaint Case no. 694 of 2018, subject to such conditions as may be deemed fit and appropriate to be imposed by the learned court below, whereafter it shall summon the wife of the petitioner herein and engage both the petitioner and his wife in mediation proceedings. The learned court below is expected to make all endeavours to settle the matrimonial dispute amongst the husband and wife amicably. It is further directed that after the mediation process is over, the learned court below shall again apply its

Patna High Court CR. MISC. No.19835 of 2020(3) dt.10-07-2020 3/3 independent mind and take a final call with regard to either confirming the provisional bail to be granted to the petitioner herein or revoking the same. The petition stands disposed off with the aforesaid directions."

The order dated 22.06.2020 stands modified to the aforesaid extent.

(Mohit Kumar Shah, J) Tiwary/- U T