Anil Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21991 of 2015 Arising Out of PS.Case No. -2249 Year- 2011 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Anil Ram. S/o Arjun Ram. Resident of village - Itahari, P.S.- Janki Nagar, Distt.- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanju Devi. W/o Anil Ram, D/o Ramdeo Ram. Resident of Sahuriya, P.S.- Janki Nagar, Distt.- Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with C.A. No. 2249 of 2011 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code. At the very outset, learned counsel for the petitioner submits that petitioner is ready to keep the opposite party no. 2 with full honour and dignity, but opposite party no. 2, herself, does not want to lead her married life with the petitioner.

In view of the aforesaid submissions as well as facts and circumstances of the case, this anticipatory bail petition stands disposed of with direction to petitioner to

Patna High Court Cr.Misc. No.21991 of 2015 (2) dt.06-07-2015 surrender before the court of learned Chief Judicial Magistrate, Purnia/concerned court in connection with C.A. No. 2249 of 2011 and seek regular bail and if, petitioner does so the concerned court shall release the petitioner on provisional bail for the period of four months on the date of his surrender on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of concerned court and after release of the petitioner, the concerned court shall send the dispute of parties to local mediation centre with a direction to mediator to take all possible steps to patch up the dispute of the parties and sent a report within reasonable time to the concerned court.

It is also made clear that after receipt of report of learned mediator, the concerned court shall take note of report of the learned mediator and if, it is found by the court below that the dispute of the parties has already been resolved, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself but it is found that the dispute of the parties could not resolve due to rigid and non cooperative approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed by the concerned court. It goes without saying that if the dispute of the parties could not resolve due to non-cooperative and rigid approach of opposite party no.

Patna High Court Cr.Misc. No.21991 of 2015 (2) dt.06-07-2015 concerned court itself.

It is also made clear that all the above stated processes must be completed by the learned court below as well as learned mediator within a period of four months from the date of release of the petitioner.

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