Nityanand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23978 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== NITYANAND MAHTO Son of Bangali Mahto Resident of Village - Kawadpur, P.S.- Surajgarha (Manikpur), District - Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bina Devi Wife of Nityanand Mahto R/o Village - Kawadpur, P.S.- Surajgarha (Manikpur), District - Lakhisarai. At present residing at D/oSunil Mahto, Resident of Village - Patel Nagar, Kashichak Bagicha, P.S.- Piri Bazar, District - Lakhisarai.

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner submits that vide order dated 03.08.2022, provisional bail was granted to the petitioner and notice was issued. From the office notes, it transpires that upon issuance of notice, service report has been received, by which it transpires that service report has been served upon the mother of the informant/O.P. No. 2. It has been treated to be validly served.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No. 23978 of 2022(3) dt.03-11-2022 2/2 bail.

Petitioner is on provisional bail, even upon service of notice, the O.P. No. 2 has not appeared before this Court. In this circumstance, this Court has no option but to confirm the bail of the petitioner and direct the Court below to refer the matter before mediation in the Civil Court itself and upon receiving the report of the mediation, take the appropriate step in accordance with law.

With this observation, the bail application is disposed of.

(Dr. Anshuman, J.) ashishsingh/- U T