Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25367 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -CHAKAI District- JAMUI ====================================================== Ajay Ram, S/o Toto Ram @ Narendra Ram, R/v Boro, P.S.- Giridih (Town), District- Giridih (Jharkhand).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 9.

20-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.

Earlier vide order dated 17.01.2018 this court had directed for issuance of notice to the sole respondent on her correct address by both the processes. Service report kept at Flag - 'X' and the acknowledge kept at Flag - 'Y' would show that both the notices have been received by the father of the Opposite Party No. 2. Learned counsel for the petitioner submits that in fact this petitioner was granted provisional bail for two months by this court vide order dated 06.06.2017 taking into consideration the statements made on behalf of the petitioner that he was willing to live with the

Patna High Court Cr.Misc. No.25367 of 2017 (9) dt.20-06-2018 informant and has in fact filed a matrimonial case under Section 9 of the Hindu Marriage Act for Restitution of the Conjugal Rights. After the said provisional bail was granted by this court, the petitioner and Opposite Party No. 2 had settled their disputes amicably and because of that amicable settlement the petitioner remained in the impression that he was not required to take any further steps including that to surrender in connection with this case. This led to violation of the order passed by this court on 06.06.2017. The petitioner however surrendered in the court below on 09.11.2017. A copy of the surrender slip in proof of the same has been brought on record. The petitioner is in custody for over six months since then. Learned counsel for the State is present.

Considering the facts and circumstances of the case whereunder the disputes relates to a matrimonial issue between the parties, the petitioner is said to have amicably settled the dispute and despite service Opposite Party No. 2 has not appeared to oppose the application, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.25367 of 2017 (9) dt.20-06-2018 satisfaction of learned Additional Chief Judicial Magistrate, Jamui, in connection with Chakai P.S. Case No. 169/2016.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T