Chandan Rajak @ Chandan Kr. Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4155 of 2020 Arising Out of PS. Case No.-222 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== CHANDAN RAJAK @ CHANDAN KR. RAJAK S/o Bhushan Rajak Resident of Village- Ajani- Ghat, P.S.- Birupur, Distt- Lakhisarai. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sulekha Devi D/o- Madan Rajak Resident of Village- Singdaha, P.S.- Barauni, Distt- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Ms.Renuka Ratnakar For the O.P. No. 2 :

Mr. Manoj Kumar No. II ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 Heard Mr. Subhesh Pandey, the learned counsel for the petitioner and Ms. Renuka Ratnakar, the learned APP for the State.

Mr. Manoj Kumar No. II has appeared on behalf of the informant / opposite party no. 2 and has filed his Vakalatnama across the board.

Let it be made part of the record.

The petitioner seeks bail in anticipation of his arrest in connection with Barauni P.S. Case No. 222 of 2019 instituted for the offences under Sections 323, 504, 506, 498A and 494 of the Indian Penal Code.

Patna High Court CR. MISC. No.4155 of 2020(5) dt.26-10-2021 2/3 At the outset, 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 eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, 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.

Patna High Court CR. MISC. No.4155 of 2020(5) dt.26-10-2021 3/3 If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court below.

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

(Ashutosh Kumar, J) sunilkumar/- U T