The Patna High Court disposed of a bail petition pending bails and ordered the lower court to attempt reconciliation between parties within four weeks, directing trial to proceed if reconciliation fails.
Direction to Sub Divisional Judicial Magistrate to attempt reconciliation within four weeks; trial to proceed if reconciliation fails.
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Patna High Court Cr.Misc. No.15367 of 2015 (3) dt.10-09-2015
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15367 of 2015
Arising Out of PS.Case No. -485 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== 1. Ravi Kumar Sah Son of Shree Dilip kumar Sah Resident of villageChechar, P.s Bidupur, district- Vaishali at Hajipur
.... .... Petitioner/s Versus 1. The State of Bihar 2. Sudha Devi D/o Ram Babu Sah Resident of Village- Kailachak, p.sBidupur, Distirct- Vaishali at Hajipur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s Mr. Sucheta Yadav(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
03/ 10.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
It would appear from perusal of order dated 3.6.2015 that this court granted privilege of bail to the petitioner and also ordered for issuance of notice to opposite party no.2.
Although opposite party no.2 has already entered appearance through her learned counsel in whose favour, power has been executed but on repeated call, no one appeared on behalf of the opposite party no.2.
Accordingly, this petition stands disposed of with direction to learned Sub divisional Judicial Magistrate, Vaishali at Hajipur to take steps for reconciliation of the dispute of the parties in connection with Complaint case no. 485/2014 and shall pass appropriate order within four weeks from the date of receipt/production of a copy of this
Patna High Court Cr.Misc. No.15367 of 2015 (3) dt.10-09-2015
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order.
However, it is made clear that if reconciliation fails the trial court shall proceed with trial of the petitioner without any delay.
shahid
U T
(Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether a bail petition requiring notice to the opposite party should be disposed of in absence of appearance when reconciliation was ordered.
Ravi Kumar Sah
The State of Bihar
Sudha Devi
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
