Vijay Bind @ Vijay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2872 of 2015 Arising Out of PS.Case No. -426 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Vijay Bind @ Vijay Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Chandra Pandey For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the complainant apprehends his arrest in connection with Complaint Case No. 426 (C) of 2014 registered for the offences punishable under Section 323, 341, 494, 498A and 504 of the Indian Penal Code. The submission on behalf of the petitioner is that petitioner is ready to keep the complainant with full honor and dignity.

Taking note of the aforesaid submissions, this petition stands disposed of with direction to petitioner to surrender and seek regular bail before the court below within four weeks from today and, if, petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of four months on

Patna High Court Cr.Misc. No.2872 of 2015 (2) dt.21-01-2015 2/2 furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa in Complaint Case No. 426(C ) of 2014 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 four 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 petition shall be disposed of on its own merit without being prejudice by this order. It is needless to say that, if, the concerned court fails in his attempt due to non co-operation and rigid approach of the opposite party no. 2, the concerned court shall confirm the provisional bail granted to the petitioner.