Vikas Kumar @ Vikash Kumar Singh @ Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7210 of 2020 Arising Out of PS. Case No.-315 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Vikas Kumar @ Vikash Kumar Singh @ Chandan, Son of Vijay Singh, Resident of Village - Mohanpur, P.O. and P.S.- Dharhara, Distt - Munger, presently residing at Mohalla - Navnit Colony, Kali Mandir Marg, Hanuman Nagar, P.S.- Patrakar Nagar, Distt - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kanchan Kumari, Wife of Vikash Kumar @ Vikash Kumar Singh @ Chandan, D/o Late Dharmendra Singh, presently residing at Village - Gowasa, Sheikhpura, P.S.- Pandarak, Distt - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 315(C) of 2019 registered for the

Patna High Court CR. MISC. No.7210 of 2020(3) dt.02-07-2020 2/2 offence punishable under Sections 323, 504, 498A of the Indian Penal Code.

The allegation is made by the wife of the petitioner. In view of the nature of allegations and reliance placed by the petitioner's counsel on the earlier agreement for resolution of disputes through village Panchayati (Annexure 3), this Court would observe that if the petitioner surrenders in the court below, i.e., the court of learned Judicial Magistrate 1st Class, Barh, Patna within a period of four weeks from today, in connection with Complaint Case No.315 (C) of 2019, the court concerned, after issuing notice to Opposite Party No.2 (wife), will grant provisional bail to the petitioner. The provisional bail should be valid for three months to enable the parties to arrive at the resolution of their disputes. In the meantime, if the dispute is resolved, the provisional bail granted to the petitioner be confirmed. If the developments are, however, otherwise, the court below would be free to pass order in exercise of its judicial discretion, including cancellation of bail. The application stands disposed of.

(Madhuresh Prasad, J) PNM U T