Rakesh Kumar @ Aditya Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65222 of 2018 Arising Out of PS. Case No.-19 Year-2016 Thana- MAHILA P.S. District- Patna ====================================================== Rakesh Kumar @ Aditya Raj Son of Dilip Ray Resident of Village-Pipara,P.S. Ram Krishana Nagar, Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Advocate.
For the informant : Mr. Satish Chandra, Advocate. For the Opposite Party/s :
Mr. Manish Kumar 2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.
The petitioner seeks bail in Mahila P.S. Case No. 19 of 2016 instituted for the offence under Sections 498A, 323, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
Petitioner is husband of the informant.
Earlier petitioner was granted anticipatory bail by this Court vide order dated 11.10.2017 passed in Cr. Misc. 45798 of 2017 with conditions as mentioned in the order. From the impugned order it appears that conditions mentioned in the aforesaid order was not complied by the petitioner. Thereafter, bail bonds of the petitioner was
Patna High Court Cr.Misc. No.65222 of 2018(3) dt.19-12-2018 2/3 cancelled.
Petitioner has surrendered in the court below. He is in custody since 8.8.2018.
Learned Sessions Judge has mentioned in the impugned order that petitioner is not ready to keep his wife. Counsel for the informant has appeared and submitted that wife is ready for one time settlement since husband (petitioner) does not want to keep her. Counsel for the petitioner submits that petitioner is ready for one time settlement.
In such circumstances, petitioner is directed to be released on provisional bail for a period of six months from the date of receipt of copy of this order, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna, in connection with Mahila P.S. Case No. 19 of 2016 subject to the condition that both the bailors will be the close relatives of the petitioner.
In the meantime, both parties would take steps to come to an amicable settlement and file necessary petition in the court below that they have entered into an amicable settlement. Thereafter, the court below will confirm the
Patna High Court Cr.Misc. No.65222 of 2018(3) dt.19-12-2018 3/3 provisional bail granted to the petitioner after six months. In the event no amicable settlement arrived at between the parties due to fault in part of petitioner, his bail bonds will liable to be cancelled.
The application stands disposed off.
(Sanjay Priya, J) S.Ali/- U T