IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33510 of 2011
Ghanshyam Mishra @ Bittu Mishra, S/O-Ram Ganesh Mishra
Versus
The State Of Bihar
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03 04.11.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State assisted by
learned counsel for the informant.
Petitioner being husband of the informant is in jail
custody since 09.08.2011 in a case registered under Sections 323,
498 A, 307, 494, 379, 315, 511/34 of the Indian Penal Code and
¾ of Dowry Prohibition Act.
At the very outset, learned counsel for the petitioner
pointed out that the marriage of petitioner was solemnized with
informant in the year 2004 but after marriage, the informant
hardly spent four to five months at the house of the petitioner and
after that without having any reason she left the house of the
petitioner and started residing at her natal place and subsequently,
she filed the present case in the year 2008. It is further pointed
out by him that in spite of the above stated facts the petitioner is
still ready to keep the informant with him with full honour and
dignity but it is informant who does not want to lead her conjugal
life with the petitioner.
Learned counsel appearing for the informant refuted
the above stated submissions and submitted that informant is
always ready to lead her conjugal life with petitioner, if he keeps
her with full honour and dignity. It is further submitted by him
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that the learned court below may be directed by this Court to take
efforts to patch up the dispute of the parties.
In the aforesaid circumstances, petitioner, namely,
Ghanshyam Mishra @ Bittu Mishra is directed to be released on
bail provisionally for the period of four months on execution of
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of Chief Judicial
Magistrate, Sitamarhi in connection with Riga P.S. Case No. 63
of 2008 Subject to condition that after release of the petitioner
from judicial custody, the learned Chief Judicial Magistrate,
Sitamarhi shall issue notices to petitioner as well as informant
fixing a date for reconciliation and shall explore the possibilities
to patch up the dispute of the parties. It is made clear that if the
learned Chief Judicial Magistrate, Sitamarhi succeeds in his
attempt, the learned Chief Judicial Magistrate shall confirm the
provisional bail of the petitioner granted by this Court on its own
level but if he fails in his attempt on account of rigid and non-
cooperative approach of the petitioner, he shall not confirm the
provisional bail granted by this Court to petitioner and shall
report the entire facts to this Court. It is also made clear that if he
fails to patch up the dispute of the parties on account of rigid and
non-cooperative approach of the informant without having any
reason, he shall confirm the provisional bail of the petitioner and
shall also report the above stated fact to this Court. It goes
without saying that learned Chief Judicial Magistrate, Sitamarhi
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shall complete all the above stated formalities within four months
from the date of receipt of this order.
Let this matter be listed after four months or after
receipt of the report of Chief Judicial Magistrate, Sitamarhi,
whichever is earlier.
SHAHZAD (Hemant Kumar Srivastava, J)