High Court Patna High Court - Orders

Mithilesh Kumar vs The State Of Bihar on 19 April, 2011

Patna High Court – Orders
Mithilesh Kumar vs The State Of Bihar on 19 April, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.11061 of 2011
                  MITHILESH KUMAR, SON OF SRI RAJENDRA PRASAD SINGH
                                                Versus
                                    THE STATE OF BIHAR
                                              -----------

02 19.04.2011 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned

Additional Public Prosecutor for the State assisted by learned counsel

for the informant.

Petitioner is husband of the informant. Although, very wild

allegations have been levelled against the petitioner and matrimonial

suit is also pending between the parties but in course of hearing,

learned counsel for the petitioner as well as learned counsel for the

informant pointed out that a chance for rehabilitation should be given

to the parties.

In view of the aforesaid submissions, let the petitioner be

released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

Thousand) with two sureties of the like amount each to the satisfaction

of Additional Chief Judicial Magistrate, Barh in connection with

Bakhtiarpur P.S. Case No. 162 of 2006.

It is made clear that after release of the petitioner from

judicial custody, the learned Additional Chief Judicial Magistrate, Barh

shall issue a notice to the petitioner as well as informant fixing a date

for reconciliation and shall also take all possible steps to patch up the

dispute of the parties. If learned Additional Chief Judicial Magistrate,

Barh fails in his attempt on account of rigid approach of the petitioner,

he may cancel the bail bonds of the petitioner but if the informant
2

creates hurdle in reconciliation proceeding in that event, the learned

Additional Chief Judicial Magistrate, Barh shall drop the reconciliation

proceeding and shall proceed with the case without cancelling the bail

bonds of the petitioner.

Shahzad                      (Hemant Kumar Srivastava, J )