High Court Patna High Court - Orders

Rajiv Ranjan Sinha @ Bhola vs The State Of Bihar &Amp; Anr on 30 March, 2011

Patna High Court – Orders
Rajiv Ranjan Sinha @ Bhola vs The State Of Bihar &Amp; Anr on 30 March, 2011
               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
                                 -----------

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
2

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
3

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
4

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/