Vijay Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10136 of 2015 Arising Out of PS.Case No. -4087 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================
1. Vijay Kumar S/o Rajeshwar Prasad Sinha Resident of Village Rasulpur, P.S. Bhagwanpur, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Nilu Kumari W/o Vijay Kumar D/o Vishwanath Singh Resident of Village Rajapakar (Kushwaha tola), P.S. Rajapakar, District Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 4087 of 2013 registered for the offences punishable under Section 498A of the Indian Penal Code and 3⁄4 Dowry Prohibition Act.
At the very outset, learned counsel appearing for the petitioner submits that petitioenr is ready to keep the complainant with full honour and dignity.
Learned counsel appearing for complainant (opposite party no. 2) submits that opposite party no. 2 is also
Patna High Court Cr.Misc. No.10136 of 2015 (3) dt.23-06-2015 2/3 ready to lead her conjugal life with the petitioenr. In view of the aforesaid submission this anticipatory bail petition stands disposed of with direction to petitioner to surrender before the court of Sub-Dvisional Judicial Magistrate, Vashali at Hajipur in connection with Complaint Case no. 4087 of 2013 within two weeks from today and seek regular bail and if petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of three months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the concerned court and after releasing the petitioner, the concerned court shall issue notice to the petitioner as well as opposite party no.
2 fixing date for conciliation and shall take all possible steps to patch up the dispute of the parties within three months from the date of issuance of the above stated notice. It goes without saying that if the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself, but if the concerned court fails in his attempt, due to rigid and non cooperative approach of the petitioner, the provisional bail granted to him shall not be confirmed by the concerned court and in that event petitioner shall be taken into custody by the concerned court and his regular bail shall be decided on its own merit.
Patna High Court Cr.Misc. No.10136 of 2015 (3) dt.23-06-2015 3/3 needless to say that, if, the concerned court fails in his attempt due to non co-operative and rigid approach of the opposite party no. 2, the concerned court shall confirm the provisional bail granted to the petitioner.
Namita/- (Hemant Kumar Srivastava, J) U T