Rabindra Sah @ Ravindra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27834 of 2019 Arising Out of PS. Case No.-1863 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RABINDRA SAH @ RAVINDRA SAH, Son of Late Raghunath Sah Resident of Village- Nirpur, Tola, Raghunathpur, Police Station- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anju Devi, Wife of Rabindra Sah @ Ravindra Sah, D/o Dashrath Prasad at Present R/o Village- Mathia Pokhara, Dhaka Road, Motihari, P.S.- Chhatauni, District- East Champaran.

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

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-08-2021 Heard Mr. Dhurendra Kumar, learned advocate for the petitioner and Mr. Ataur Rahman, learned APP for the State.

There is no appearance on behalf of Opposite Party No. 2.

Vide order dated 29.04.2019, notice was issued to Opposite Party No. 2 and the petitioner was given interim reprieve.

Later, the case of the petitioner was sent to the Mediation Centre of Patna High Court for amicable

Patna High Court CR. MISC. No.27834 of 2019(14) dt.31-08-2021 2/3 settlement of disputes.

However, it appears that the dispute could not be resolved because of non-appearance of either of the parties before the Mediator. Later, the interim order was recalled on the ground that as promised by the petitioner, no joint affidavit could be filed regarding settlement of dispute.

Under the aforesaid circumstances, this Court deems it appropriate to dispose off this anticipatory bail application with a direction that in case the petitioner surrenders before the court below along with a joint affidavit that the dispute with his spouse has now been settled and that both the parties are ready to live according to the settlement, the petitioner shall be granted bail on his furnishing bond in the sum of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, East Champaran, Motihari in connection with Trial No. 2387 of 2018, arising out of

Patna High Court CR. MISC. No.27834 of 2019(14) dt.31-08-2021 3/3 Complaint Case No. C-1863 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. If for some reason, the joint affidavit is not filed, the court below shall consider the application of the petitioner on merits.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T