Patna High CourtCR. MISC./49604/2014disposed

Alok Kumar v. State Of Bihar And ANR

2015-03-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49604 of 2014 Arising Out of PS.Case No. -72 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA ======================================================

1. Alok Kumar Son of Late Dwarika Prasad Resident of Village - Lala Bhadasara, P.S.- Dulhin Bazar, District - Patna .... .... Petitioner

Versus

1. The State of Bihar.

2. Smt. Chandani Devi Daughter of Sri Om Prakash Singh Resident of Village - Taregana Dih, P.O and P.S.- Masaurhi, District - Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kr Singh No.1 For the Opposite Parties : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 The petitioner has preferred second anticipatory bail application in a complaint case in which processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the I.P.C.

The petitioner was granted provisional anticipatory bail for one year vide order dated 01.03.2013 passed in Cr. Misc. No. 3704 of 2013 on submission of the petitioner to keep the complainant as wife with full dignity and honour. The provisional bail was to be confirmed by learned Court below on substantial restoration of matrimonial harmony within a period of one year or if the complainant deliberately refuses to reside with the petitioner or the complainant fails to appear before learned Court below.

Patna High Court Cr.Misc. No.49604 of 2014 (2) dt.18-03-2015 2/2 It is submitted by learned counsel for the petitioner that it was the complainant who failed to reconcile the issue.

It is submitted by learned counsel for the complainant that complainant is still ready to reconcile the issue.

This Court is not inclined to entertain the second anticipatory bail application. However, if the petitioner and the complainant appear before learned Court below and file an application that they are ready to reconcile the issue then learned Court below may consider the prayer for regular bail of the petitioner.

Accordingly the application is disposed off in connection with Complaint Case No. 72(C) of 2012, pending in the Court of learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna.

(Dinesh Kumar Singh, J) Shageer/- U T