Pravesh Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54094 of 2015 Arising Out of PS.Case No. -165 Year- 2015 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Pravesh Mistry S/o Late Suresh Mistry Resident of Village - Ajaipur, Police Station - Noorsarai, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. Accusation is of making assault by the petitioners to his wife along with one Munna Kumar.

It is submitted by the learned counsel for the petitioner that for a petty dispute the accusation has been levelled and at present the issue has been reconciled and petitioner and informant both are residing together. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above

Patna High Court Cr.Misc. No.54094 of 2015 (2) dt.30-11-2015 named petitioner be released on provisional anticipatory bail for three months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No. 165 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

The learned court below is directed to issue notice to the informant and if the informant admits that the issue has been reconciled and she is residing with the petitioner, then the provision bail of the petitioner will be confirmed by the learned court below, but If the learned court below comes to the conclusion otherwise, then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) P.K./- U T