Prashant Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27363 of 2016 ======================================================

1. Prashant Kumar son of Shri Kumar Arvind resident of Akbarpur House, Macchua Toli, Police Station- Kadam Kuan and District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Pandey wife of Prashant Kumar, resident of Mohalla- Kata Toli, Basudeo Nagar, Ranchi.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard Sri Ajay Kumar Thakur, the learned counsel for the petitioner, Sri Rajnikant Mishra, the learned counsel for the informant, and the learned Additional Public Prosecutor. The petitioner has filed this petition for modification of order dated 18.12.2015 passed in Cr. Misc. 40475 of 2015 by which the petitioner was granted provisional anticipatory bail as both the parties were willing to resolve their dispute either by restoration of conjugal relation or by settling the dispute amicably. Sri Ajay Kumar Thakur, the learned counsel for the petitioner submits that on 22.04.2016 the learned Judicial Magistrate did not confirm the provisional anticipatory bail of the petitioner as the informant did not appear in spite of issuance of

Patna High Court Cr.Misc. No.27363 of 2016 (2) dt.30-11-2016 2/2 notice to her.

The learned counsel for the informant submits that the informant did not receive any notice.

From the impugned order itself, it appears that the informant did not ever appear in court for reconciliation and it has been submitted that she did not receive any notice. Considering the facts aforesaid, the petitioner and informant are directed to appear in court on 20.12.2016 and on such the learned court below shall make all efforts for reconciliation. If the reconciliation remains inconclusive, the learned court below again enlarge the petitioner on provisional anticipatory bail for three months and if the dispute is settled amicably the learned court below shall pass order on the provisional bail of the petitioner on its merit after expiry of three months.

With this observation, the modification petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U T