Laxman Lal Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13732 of 2021 Arising Out of PS. Case No.-96 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== Laxman Lal Dev, aged about 22 years, male, Son of Shikil Lal Dev, Residence of Village/Mohalla-Tikapatti, P.S.-Bahadurpur (Sonki O.P.), Distt.- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Pooja Devi, W/o Laxman Lal Dev, D/o Bechan Lal Dev, Residence of Village/Mohalla-Tikapatti, P.S.-Bahadurpur (Sonki O.P.), Distt.-Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard Mr. Kedar Jha, the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 96 of 2019 instituted for the offences under Sections 341, 323, 498(A), 504, 506, 379 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.13732 of 2021(2) dt.03-01-2022 2/3 At the outset, the learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife/opposite party No. 2, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of six weeks from today, he shall be released on provisional bail. Simultaneously, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home. The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be

Patna High Court CR. MISC. No.13732 of 2021(2) dt.03-01-2022 3/3 genuine, his provisional bail shall be confirmed by the Court below.

With the aforesaid observation/direction, the application stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- U T