Gopal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12117 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -JAKKANPUR District- PATNA ====================================================== Gopal Prasad, s/o Baidhnath Saw, r/o Masauri railway crossing, Dhanarua road, PS-Masaurhi, Dist- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Deovind Kumar Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for anticipatory bail in connection with Jakkanpur P.S. case no. 186 of 2016 registered for the offence punishable under Sections 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

It is submitted on behalf of petitioner that he is still ready to keep the informant with him and he has also given his statement on oath in para 9 of the petition. It is further submitted that the petitioner will keep her with full dignity and will not torture her or make any demand.

Heard learned A.P.P. also.

Having heard both sides. In view of the submissions made on behalf of petitioner, let the petitioner surrender before the court below within a month and file a petition to that effect and then the

Patna High Court Cr.Misc. No.12117 of 2017 (2) dt.23-03-2017 2/2 court below will enlarge the petitioner on provisional bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. case no. 186 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and then, the court below will call upon both the parties on the date fixed and perform mediation between the parties and considering the fact that petitioner is ready to keep her and after watching the conduct of the parties will confirm the bail bond of the petitioner. It is needless to say that if opposite party no. 2 will not appear and will not take part in mediation proceeding, then the learned court below is at liberty to pass any order on its own merit without being prejudiced by the order of this court. Till then, no coercive step be taken against the petitioner.

With the above observations, this bail application is disposed of.

(Vinod Kumar Sinha, J.) rinkee/- U T