Bimlesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28331 of 2022 In CRIMINAL MISCELLANEOUS No.54854 of 2019 Arising Out of PS. Case No.-1564 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== BIMLESH KUMAR MISHRA Son of Late Ram Naresh Mishra Resident of Village - Bathnaha, Tole- Chakawa, P.S. - Bathnaha, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sangama Kumari @ Shilpi Wife of Bimlesh Kumar Mishra and Daughter of Anit Kumar Shahi Resident of Village - Khopi, P.s.- Runnisaidpur, District - Sitamarhi.

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public prosecutor for the State. The learned counsel for the petitioner, has submitted that he was granted provisional bail, vide order dated 03.09.2019. In Criminal Miscellaneous No. 54854 of 2019, vide order dated 04.03.2020, the provisional bail of the petitioner was confirmed, but at the same time, the court vide order dated

Patna High Court CR. MISC. No.28331 of 2022(3) dt.10-08-2022 2/2 04.03.2020, observed that the provisional bail will be confirmed by the learned court below in three eventualities, (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned court below, or (iii) if the complainant deliberately gets reluctant to reconcile the issues.

The petitioner is directed to appear before the court below and furnish his bail bond within four weeks, as observed by this Court, vide order dated 03.09.2019. The bail bond of Rs. 10,000/- must be furnished with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. C-1/1564 of 2017. The three eventualities mentioned in order dated 04.03.2020 shall be taken into account by the court below and the court below shall adhere with these three conditions. With these observations, this criminal miscellaneous petition is being disposed of.

(Nawneet Kumar Pandey, J) shweta/mahesh U T