Jai Prakash Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32018 of 2014 Arising Out of PS.Case No. -291 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Jai Prakash Singh Son of Late Jagdish Singh Resident of village- Daulatpur Devaria, P.O.- Sumai, P.S.- Sadar Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gudia Kumari @ Guddi Kumari Wife of Jai Prakash Singh, D/o Ram Siyawar Singh R/o village + P.O.- Mathurapur, P.S.- Bidupur, DistrictVaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. R.B.S.Pahepuri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 2720 of 2013 corresponding to Hajipur Sadar P.S. Case No. 291 of 2013, in which, cognizance has been taken for the offence punishable under Section-307, 379, 498A/34 of the Indian Penal Code.

The contention on behalf of the petitioner is that the petitioner is ready to keep the complainant with full honour and dignity.

In view of the aforesaid submissions, without

Patna High Court Cr.Misc. No.32018 of 2014 (2) dt.02-02-2015 entering into merit of the case, this petition stands disposed off with direction to the petitioner to surrender before the learned Sub Divisional Judicial Magistrate,/concerned court, Vaishali at Hajipur and seek regular bail within four weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the petitioner shall be enlarged on provisional bail on the date of surrender itself, for a period of four months on furnishing bail bond of Rs 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate,/concerned court, Vaishali at Hajipur in connection with Complaint Case No. 2720 of 2013 corresponding to Hajipur Sadar P.S. Case No. 291 of 2013 .

It is further made clear after being released on provisional bail, the concerned court shall issue notice to the petitioner as well as the complainant, fixing a date for reconciliation and shall take all efforts to patch up the dispute of the parties within four months from the date of surrender of the petitioner. It is also made clear that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in his attempt due to rigid and noncooperative approach of the petitioner, the provisional bail granted

Patna High Court Cr.Misc. No.32018 of 2014 (2) dt.02-02-2015 to the petitioner shall not be confirmed by the concerned court and in that event, the petitioner shall be taken into custody and on his regular bail petition, the order shall be passed on its own merit without being prejudiced by this order.

It goes without saying that if the reconciliation proceeding fails due to rigid and non-cooperative approach of the complainant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T