Sheo Pujan Sao v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28592 of 2015 Arising Out of Complaint Case No. -1118 Year- 2013 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================
1. Sheo Pujan Sao son of Meghan Sao resident of Village - Pauther, District - Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Reeta Devi, wife of Shivpujan Sao resident of Village - Latta Beri, P.S. - Pauthu, District - Aurangabad (Bihar).
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the complainant (opposite party no. 2) and apprehends his arrest in connection with Complaint Case No. 1118 of 2013 in which cognizance has been taken for the offences punishable under Sections 323, 341, 504, 379, 452, 498A of the Indian Penal Code and 3⁄4 of D.P. Act, pending in the court of Sub Divisional Judicial Magistrate, Aurangabad.
It appears from perusal of the impugned order of learned Sessions Judge that both parties were ready to resolve
Patna High Court Cr.Misc. No.28592 of 2015 (2) dt.28-07-2015 2/3 their dispute amicably before the learned Sessions Judge. It is submitted on behalf of the petitioner that petitioner is ready to keep the complainant with full honour and dignity.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of with direction to petitioner to surrender and seek regular bail before the court below within four weeks from the date of receipt/production of copy of this order to the court concerned and if petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of four months on the day of his surrender 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 the above stated period of four months.
Patna High Court Cr.Misc. No.28592 of 2015 (2) dt.28-07-2015 3/3 to him shall not be confirmed by the concerned court and in that event petitioner shall be taken into custody by the concerned court. It is needless to say that, if, the concerned court fails in his attempt due to non cooperative and rigid approach of the opposite party no. 2, the concerned court shall confirm the provisional bail granted to the petitioner.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T