Patna High CourtCR. MISC./51867/2014disposed

Sanjay Kumar v. The State Of Bihar

2015-01-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51867 of 2014 Arising Out of PS.Case No. -104 Year- 2013 Thana -SAHIYARA District- SITAMARHI ====================================================== Sanjay Kumar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-01-2015 Heard learned counsel for the petitioner and learned counsel, appearing for the State.

The petitioner is husband of the informant and apprehends his arrest in connection with Sahiyara P.S. Case No. 104 of 2013 registered under Sections-498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Without entering into the merit of the case, this petition stands disposed of with direction to the petitioner to surrender before the learned Additional Chief Judicial Magistrate, Sitamarhi/concerned court and to seek regular bail within two weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the concerned court shall release the petitioner on provisional bail for a period of four months on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sahiyara P.S. Case No. 104 of 2013 to the satisfaction of court concerned and

Patna High Court Cr.Misc. No.51867 of 2014 (2) dt.06-01-2015 2/2 shall also issue notice to the informant as well as the petitioner fixing a date for conciliation. After appearance of the informant and the petitioner before the concerned court, the concerned court shall explore all the possibilities of conciliation and shall take effective steps in this regard.

It is made clear that if, the concerned court succeeds in his attempt, the provisional bail, granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in its attempt due to non-cooperative and rigid approach of the petitioner, the provisional bail, granted to the petitioner shall not be confirmed by the concerned court. It goes without saying that if, the conciliation process is failed due to non-cooperative approach of the informant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself. (Hemant Kumar Srivastava, J) A.K.V./- U T