Patna High CourtCR. MISC./14054/2016disposed

Jaglal Ram v. State Of Bihar And ANR

2016-10-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14054 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -BANIAPUR District- SARAN ====================================================== Jaglal Ram son of later Nemi Chand Ram.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance has been taken for the offences punishable under Sections 498A, 341, 323, 379 and 120B/34 of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of the dowry demand.

Notices were issued to opposite party no.2 vide order dated 30.03.2016. in view of the office note dated 08.08.2016 to the extent that ordinary process of notice has been effected through house service, notices issued to opposite party no.2 were treated as validly served vide order dated 09.08.2016, however, none is appearing on behalf of opposite party no.2.

Patna High Court Cr.Misc. No.14054 of 2016 (4) dt.03-10-2016 2/2 It is submitted by the learned counsel for the petitioner that issued has been resolved between the parties and both have decided to part ways and a compromise petition to that effect has been filed before the learned court below.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Chapra in connection with Baniapur P.S. Case No. 209 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned court below will confirm the provisional bail of the petitioner on verification of filing of the compromise petition.

(Dinesh Kumar Singh, J) Amrendra/- U T