Anil Kumar Singh @ Pintu Singh @ Anil Kumar @ Pintu v. The State Of Bihar

Patna High Court Cr.Misc. No.7925 of 2015 (2) dt.29-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7925 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -KADAMKUAN District- PATNA ======================================================

1. Anil Kumar Singh @ Pintu Singh @ Anil Kumar @ Pintu Son of late Rajeshwar Prasad Singh resident of East Lohanipur, Police Station- Kadam Kuan, Town and District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 29.04.2015 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Petitioner being husband of the deceased is languishing in jail custody since 22.12.2014 in a case registered under section 498A/34 of the Indian Penal Code and 3/ 4 of the D.P. Act. It is pointed out that prior to submission of the charge sheet, petitioner was granted privilege of bail till submission of charge sheet but after submission of charge sheet, he was arrested and remanded in the present case.

Learned counsel appearing for the informant submits that petitioner was granted privilege of bail before submission of charge sheet on the ground of compromise but after grant of bail, petitioner

Patna High Court Cr.Misc. No.7925 of 2015 (2) dt.29-04-2015 did not take any step towards settlement of dispute and subsequently, after submission of charge sheet, he was arrested and remanded in this case. It is further contended by him that informant does not have any objection, if this court grants bail to the petitioner subject to condition that the petitioner shall enter into one time settlement with informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Kadam Kuan P.S. Case no. 73/2014.

However, the learned trial court shall take steps to resolve the dispute of the parties by way of one time settlement and if the learned trial court fails in its attempt, then learned trial court shall proceed with trial.

shahid (Hemant Kumar Srivastava,J) U T