Ganesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.280 of 2015 Arising Out of PS.Case No. -523 Year- 2013 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Ganesh Paswan .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

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For the Petitioner Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State and learned counsel for the complainant.

Petitioner apprehends his arrest in connection with Complaint Case No. 523 of 2013 registered for the offences punishable under Section 498A of the Indian Penal Code. At the very outset, both parties state that this matter should be sent to Mediation Centre.

Without entering into the merit of this case, this anticipatory bail petition stands disposed of with direction to petitioner to surrender and seek regular bail before the court below within four months from today and, if, petitioner does so, the concerned court shall release the petitioner on provisional bail

Patna High Court Cr.Misc. No.280 of 2015 (2) dt.07-01-2015 2/2 for the period of six 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 four months from the date of issuance of the above stated notice.

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 co-operative 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. It is needless to say that, if, the concerned court fails in his attempt due to non cooperation 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) Namita/- U