Ramnath Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 46116 of 2014 Arising Out of PS.Case No. -1756 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Ramnath Paswan S/o Jugeshwar Paswan resident of village- Kanhara, P.S.- Bochahan, District- Muzaffarpur .... .... Petitioner
Versus
1. The State of Bihar
2. Rekha Devi W/o Ramnath Paswan, D/o Suraj Das resident of villageKanhara, P.S.- Bochahan, District- Muzaffarpur, at Present villageHusainpur, P.S.- Bochahan, District- Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-04-2015 Heard Sri Chandra Shekhar Anand, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Smt. Bela Singh, learned counsel who has voluntarily appeared on behalf of complainant/opposite party no. 2.
The petitioner, who is husband of complainant, apprehending his arrest in Complaint Case No. 1756 of 2013, Tr. No. 2143 of 2014 registered for offence under Section 498(A) of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961, has prayed for grant of anticipatory bail. At the very outset, Smt. Bela Singh, learned counsel for the complainant submits that the complainant may not pursue
Patna High Court Cr.Misc. No.46116 of 2014 (2) dt.10-04-2015 2/3 the matter provided the husband accepts to keep the petitioner respectfully as his wife.
In view of submission made by learned counsel for the complainant, learned counsel for the petitioner accepts that he will take all steps so that dispute in between the husband and wife may be settled.
In view of stand taken by the parties, the Court proposes to extend the privilege of anticipatory bail to the petitioner for a period of two months.
Accordingly, if the petitioner namely Ramnath Paswan surrenders or is apprehended within a period of two months from today, he shall be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (East), Muzaffarpur, in connection with Complaint Case No. 1756 of 2013, Trial No. 2143 of 2014 under conditions as contemplated under Section 438 (2) of the Cr.P.C.
It is made clear that within two months the petitioner shall take all steps so that dispute with complainant/opposite party no. 2 is settled and joint petition may be filed before the court below showing settlement of dispute. If within two months time from today, no settlement is arrived, the petitioner will have to
Patna High Court Cr.Misc. No.46116 of 2014 (2) dt.10-04-2015 3/3 surrender and make a prayer for regular bail immediately thereafter.
With above observation, the petition stands allowed. (Rakesh Kumar, J.) Anay/- U T