Anand Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4467 of 2015 Arising Out of PS.Case No. -46 Year- 2014 Thana -MALI District- AURANGABAD ======================================================

1. Anand Thakur Son of Birju Thakur Resident of vill-Beni,P.SMali,Distt.-Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kiran Devi W/O Anand Thakur Resident of vill-Beni,P.S-Mali,Distt.- Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. S.Eheteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Mali P.S. Case No. 46 of 2014, in which, cognizance has been taken for the offence punishable under Section-498A, 379/34 of the Indian Penal Code.

The contention on behalf of the petitioner is that the petitioner is ready to keep the complainant with full honour and dignity.

In view of the aforesaid submissions, without entering into merit of the case, this petition stands disposed off with direction to the petitioner to surrender before the learned

Patna High Court Cr.Misc. No.4467 of 2015 (2) dt.04-02-2015 2/3 Chief Judicial Magistrate/concerned court, Aurangabad and seek regular bail within four weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the petitioner shall be enlarged on provisional bail on the date of surrender itself, for a period of four months on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, Aurangabad in connection with Mali P.S. Case No. 46 of 2014.

It is further made clear after being released on provisional bail, the concerned court shall issue notice to the petitioner as well as the complainant, fixing a date for reconciliation and shall take all efforts to patch up the dispute of the parties within four months from the date of surrender of the petitioner.

It is also made clear that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in his attempt due to rigid and noncooperative approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed by the concerned court and in that event, the petitioner shall be taken into custody and on his regular bail petition, the order shall be passed on its own merit without being prejudiced by this order.

Patna High Court Cr.Misc. No.4467 of 2015 (2) dt.04-02-2015 3/3 It goes without saying that if, the reconciliation proceeding fails due to rigid and non-cooperative approach of the informant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T