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Patna High CourtCR. MISC./62212/2017bail granted

Bijay Sahani v. State Of Bihar And ANR

2018-02-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62212 of 2017 Arising Out of PS.Case No. -160 Year- 2013 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bijay Sahani s/o Jagdev Sahni r/o village - Tikuliya, P.S. - Pipra, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramun Devi w/o Bijay Sahni r/o village - Tikuliya, P.S. - Pipra, District - East Champaran.

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-02-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 6.4.2017 passed in Cr. Misc. No.15274 of 2017 with an observation that the learned court below will see the feasibility of settlement between the parties by calling both the parties in the court concerned so that the matter may be settled.

The case is under Section 498A of the Indian Penal Code and the petitioner is husband and it appears that he is in custody since 1.11.2016 Submission of the learned counsel for the petitioner is that he had tried for mediation but that has not been materialized.

Patna High Court Cr.Misc. No.62212 of 2017 (2) dt.07-02-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, the petitioner is not in custody for more than one year, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Pipra P.S.Caase No.160 of 2013 arising out of Complaint Case No.1279 of 2012 dated 26.5.2012, with condition that he will co-operate in disposal of the trial and will also appear as and when required by the learned court below; otherwise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T