Pinkesh Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40704 of 2019 Arising Out of PS. Case No.-101 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== PINKESH JAISWAL Son of Late Bindeshwary Bhagat @ Bindeshwari Jayswal @ Boku Bhagat Resident of Village-Chandrahi (Dhamdaha), P.S.- Dhamdaha, District-Purnea.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Neha Jaiswal W/o Pinkesh Jaiswal D/o Chandra Kishore Jaiswal Resident of Village-Adarshnagar (Fulkiya), P.O and P.S-Ghogha, District-Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.101/17 registered for offences punishable under Sections 323, 498A/34 of the Indian Penal Code.

Case is under section 498A of the IPC. Petitioner happens to be husband. Earlier notice was issued to the O.P.no.2, however, the same has received by the brother of the O.P.no.2, a jointness petition has also been filed to show the jointness between the O.P.no.2 and his brother. Further submission of the learned counsel for the petitioner is that both the parties have compromised the case and a compromise petition has been filed

Patna High Court CR. MISC. No.40704 of 2019(6) dt.04-11-2019 2/2 before the learned court below also.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of three weeks from the date of receipt of the order and on surrender, the learned court below shall verify the above submissions that the compromise has been reached between the parties and if found true, the petitioner shall be released on anticipatory bail in connection with Complaint Case No.101 of 2017 to the satisfaction of the learned court below itself, otherwise the petitioner has to pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T