Satyam Manjhi @ Sanjeet Manjhi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.603 of 2015 Arising Out of PS.Case No. -506 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Satyam Manjhi @ Sanjeet Manjhi, son of Bhikhari Manjhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Partibha Devi, daughter of Harilal Manjhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : M/s. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of opposite party no. 2 (complainant) apprehends his arrest in connection with Complaint Case No. C-506 of 2014 in which cognizance has been taken for the offences punishable under Sections 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, pending in the court of Sub Divisional Judicial Magistrate, Sadar Motihari, East Champaran. At the very outset, it is submitted on behalf of the petitioner that petitioner is ready to keep the opposite party no. 2 with him with full honour and dignity.

It appears from perusal of impugned order of learned Sessions Judge that no step was taken by him to restore the

relation of the parties. Moreover, 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 concerned court and, if, petitioner does so and expresses his willingness to keep the opposite party no. 2 (complainant) with him, the concerned court shall release the petitioner on provisional bail for the period of four months 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. It goes without saying that if the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself, but if the concerned court fails in his attempt due to rigid and non cooperative approach of the petitioner, the provisional bail granted to him shall not be confirmed by the concerned court and in that event petitioner shall be taken into custody by the concerned court.

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