Rahul Dwiwedi v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.32376 of 2014 (4) dt.12-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32376 of 2014 Arising Out of PS.Case No. -151 Year- 2014 Thana -BUDDHACOLONY District- PATNA ======================================================
1. Rahul Dwiwedi Son of Kesh Nath Dviwedi Resident of MohallaMahatma Gandhi Nagar, Bazar Samitee road, P.S.- Town Thana, DistrictBuxar, Presently residing in the House of Late K.P. Sinha, near Little Garden School, Road No. 23-b, Sri Krishna Nagar, P.S.- Budha Colony, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Gautam W/o Rahul Dwiwedi, D/o Bimal Kishore Mishra Presently residing at Sarswati Niwas, 1st Floor, Road No 6/c Rajendra Nagar, P.S. Kadamkuan, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12.02.2015 Heard learned counsel for the petitioner as well as learned counsel for the opposite party no.2.
Petitioner is husband of the opposite party no.2 and apprehends his arrest in connection with Budha Colony P.S. case no. 151/2014 registered under section 498A, 341, 323, 504/34 of the IPC and section 3/ 4 of the D.P. Act.
It is submitted on behalf of both the parties that dispute of the parties has already been settled amicably. Learned counsel appearing for the opposite party no.2 submits that the petitioner may be directed to execute bond for keeping opposite party no.2 properly.
In view of the aforesaid submissions as well as facts
Patna High Court Cr.Misc. No.32376 of 2014 (4) dt.12-02-2015 and circumstances, this anticipatory bail stands disposed of with direction to petitioner to surrender before the Sub divisional Judicial Magistrate, Patna/ concerned court in connection with Budha Colony P.S. case no. 151/2014 within six weeks from the date of receipt /production of a copy of this order and seek regular bail and if petitioner does so, the concerned court shall release the petitioner on provisional bail on the day of his surrender for a period of four months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to his satisfaction.
Furthermore, after being released the petitioner on provisional bail, the concerned court shall keep vigil on the relation of the parties and if the concerned court finds that no bitterness is left to be resolved, the provisional bail granted to the petitioner shall be confirmed by the court below itself but if the concerned court finds that the bitterness between the parties is still in existence, the concerned court shall pass appropriate order on the regular bail petition of the petitioner.
Shahid ( Hemant Kumar Srivastava, J.) U T