IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43069 of 2010
RAJIV RANJAN SINHA @ BHOLA, Son of Ram Swaroop
Prasad, Resident of Village-Karoo Bigha, Police Station-
Nimchak Bathani, District-Gaya at present residing at
Mohalla-Kamruddinganj, Biharsharif, P.S.-Laheri, District-
Nalanda at Biharsharif.
......Petitioner
Versus
1. THE STATE OF BIHAR.
2. Babita Kumari, wife of Rajiv Ranjan Sinha @ Bhola and
daughter of Subhash Prasad, Resident of Village-Karoo
Bigha, Police Station-Nimchak Bathani, District-Gaya at
present residing at Mohalla-Kamruddinganj, Biharsharif,
P.S.-Laheri, District-Nalanda at Biharsharif.
....Opp. Parties
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5/ 30.03.2011 Heard the parties.
In compliance of order dated 09.02.2011,
the petitioner as also opposite party no. 2 are
physically present in the Court and have been
duly identified by their respective counsels. A joint
affidavit, duly sworn by the petitioner, as also
opposite party no. 2, has also been filed today in
the Court, wherein terms and conditions of the
compromise for restoration of matrimonial
relationship between the petitioner and opposite
party no. 2 have been laid down.
The petitioner had earlier moved before
this Court for grant of anticipatory bail in a criminal
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prosecution for offences under Sections 498A and
323 of the Indian Penal Code, as also under
Section 4 of the Dowry Prohibition Act and that
was disposed of by an order dated 30.04.2010
passed in Cr. Misc. No. 11575 of 2010
(Annexure1), whereby the petitioner was granted
provisional bail for a period of two months and
during that period, the petitioner was required to
enter into a compromise with his wife (O.P. No. 2),
whereafter provisional bail was required to be
confirmed. However, it was also stipulated in that
order that If the petitioner does not enter into a
compromise in that case, then the petitioner will
be obliged to surrender in the court below and
seek regular bail.
From the pleadings in the petition, it
appears that despite endeavour made by the
petitioner, compromise could not be arrived at
with opposite party no.2. Hence the present
petition for grant of anticipatory bail has been filed
afresh. In response to the notice, opposite party
no. 2 has entered appearance and she is
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physically present in the Court today, as recorded
above. Fortunately, now both sides have entered
into a compromise. A joint compromise petition
has been filed today in the Court stating therein
that they have decided to restore their matrimonial
relationship and the petitioner is prepared to keep
the opposite party no. 2 as his duly wedded wife.
Fortunately, opposite party no.2 has also agreed
to live with the petitioner as his wife.
In the facts and circumstances set forth
above and in view of the fact that the parties have
entered into a compromise, the present petition is
disposed of with following directions:
(a) In the event of his arrest or surrender, the
petitioner shall be enlarged on provisional
bail for a period of six months in connection
with Complaint Case No. 1487 (C) of 2008
to the satisfaction of learned Chief Judicial
Magistrate, Nalanda at Biharsharif on
furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of like amount
each, subject to conditions laid down under
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section 438 (2) Cr.P.C.
(b) The petitioner shall go to the paternal
house of the opposite party no. 2 on 2nd April
2011 and they shall come back together at
the house of the petitioner on the same day.
Thereafter, they shall live together as wife
and husband.
(c) If during the period of provisional bail, good
relationship continues between petitioner
and opposite party no. 2, then in that case
learned Magistrate shall be obliged to
confirm the provisional bail granted to the
petitioner.
(d) If during the aforesaid period of provisional
bail, there is break down of the relationship
between the parties, then in that case
learned Magistrate shall take all possible
measures to get the petitioner arrested, after
cancelling his bail.
( Birendra Prasad Verma, J.)
Anjani/