Chandan Sharma @ Chandan Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52155 of 2014 Arising Out of PS.Case No. -927 Year- 2012 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Chandan Sharma @ Chandan Kumar Sharma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-01-2015 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. 927 of 2012 registered for the offences punishable under Sections 498A of the Indian Penal Code and 3⁄4 of the Dowry prohibition Act.

At the very outset, learned counsel for the petitioner submits that petitioner wants to keep the complainant with full honor and dignity but it is complainant who does not want to lead her conjugal life with the petitioner.

In view of the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of with direction to the petitioner to surrender and seek, regular bail before Sri Pradeep Kumar Chaudhary, Judicial Magistrate 1st

Patna High Court Cr.Misc. No.52155 of 2014 (2) dt.06-01-2015 2/2 class / concerned court within two weeks from the date of receipt/ production of copy of this order and, if, petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of four 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 furthermore, the concerned court shall issue notice to the petitioner as well as complainant fixing date for reconciliation 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 co-operative 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. It is needless to say that, if, the concerned court fails in his attempt due to non co-operation and rigid approach of the complainant, the concerned court shall confirm the provisional bail granted to the petitioner.

(Hemant Kumar Srivastava, J) Namita/- U