Preetam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10499 of 2020 Arising Out of PS. Case No.-453 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== PREETAM KUMAR Son of Dilip Kumar @ Dilip Chowdhary Resident of Village - Pipra Bazar, Triveniganj, P.S.- Pipra, Distt.- Supaul at Present Tenant of Usha Devi W/o Late Devnandan mahto R/o Pipra Ward No.14, Triveniganj, Rd. Near Durga Dharm Kanta, P.S.- Pipra, Distt.- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Veena Kumari Jaiswal, Advocate Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Ms. Veena Kumari Jaiswal, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

There is no appearance on behalf of opposite party no. 2 notwithstanding the fact that her brother has received the notice.

The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Kadamkuan P.S. Case No. 453 of 2019 dated 16.07.2019 instituted for the offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Despite the accusation in the FIR, the petitioner is ready for settling the differences with opposite party

Patna High Court CR. MISC. No.10499 of 2020(3) dt.06-12-2021 2/2 no. 2.

In view of the aforesaid stand of the petitioner that he is ready to sit across the table and make efforts at resolving the matrimonial dispute, this Court deems it appropriate to direct that in the event of the petitioner surrendering before the court below within a period of three weeks, he shall be released on provisional bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties. Simultaneously, the opposite party no. 2 also shall be noticed. On the appearance of the opposite party no. 2, the court below shall provide ample opportunities to the spouses/parties to negotiate and settle the differences in an amicable manner. The parties would also be at liberty to go for a one time settlement if restitution of conjugal rights does not appear to be possible. If the dispute is settled, the provisional bail granted to the petitioner shall be confirmed. If at all the court finds that the conduct/stand of the parties is obstructive and unreasonable that shall be taken into account for passing a final order of confirmation of provisional bail.

The application stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T