Mansoor Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9029 of 2015 Arising Out of PS.Case No. -154 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mansoor Alam S/o Nazamuddin Sah R/o Siswa Shahbaz Tola, P.S. Banjariya, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nasima Khatoon d/o Shah Mohammad r/o vill. - Belajitpur, P.S. Jitna, Distt. - E. Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Suresh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2017 Perused the office report, which goes to show that the order dated 05-05-2015 passed in Cr. Misc. No. 9029 of 2015 was sent to the trial court through E-mail on 04-09-2015 i.e. after four months of passing of the order. Moreover, prior to receipt of order dated 05-05-2015 in the court below, the petitioner was arrested and remanded to judicial custody on 22-07-2015 but later on, he was released by the court below on 29-07-2015 after receipt of the order dated 05-05-2015 passed in Cr. Misc. No. 9029 of 2015. So far as prayer for anticipatory bail of the petitioner is concerned; it is apparent from perusal of the record that vide order dated 05-05-2015, this court had directed the concerned authorities including the lower court not to take coercive steps against the

Patna High Court Cr.Misc. No.9029 of 2015 (7) dt.18-01-2017 2/2 petitioner in Complaint Case No. 154 of 2014 but as stated above, the petitioner was remanded in judicial custody on 22-07-2015 but later on, he was released by the court below on 29-07-2015 after receipt of the order dated 05-05-2015 passed in Cr. Misc. No. 9029 of 2015.

Since both parties have settled their dispute amicably and the petitioner has been made accused in a complaint case bearing Complaint Case No. 154 of 2014, in which, cognizance has been taken for the offence punishable under Section-498A of the Indian Penal Code, I think it proper to direct the petitioner to appear before the trial court within six weeks from the date of receipt/production of copy of this order and, furnish personal bonds.

It is made clear that if, the petitioner does so, the concerned court shall accept the personal bond(s) of the petitioner on the day of his appearance.

In the aforesaid manner, this petition stands disposed off.

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