Santosh Kumar Shrivastava @ Santosh Kumar Shrivastav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16531 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== SANTOSH KUMAR SHRIVASTAVA @ SANTOSH KUMAR SHRIVASTAV, Son of Raghunath Shrivastava Resident of Village - Bhojpurwa, P.S.- Manjhagarh, Distt.- Gopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
GUDDI SHRIVASTAVA, W/o Santosh Kumar Shrivastava @ Santosh Kumar Shaivastav, D/o Awadhesh Shrivastava, Resident of Village - Bhojpurwa, P.S.- Manjhagarh, Distt.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Setu Prateek For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2022 Heard Mr. Setu Prateek learned counsel for the petitioner and learned APP for the State.
The petitioner, who is the husband of Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Manjhagarh P. S. Case No. 59 of 2020, dated 11.03.2020, instituted for the offences under
Patna High Court CR. MISC. No.16531 of 2021(2) dt.06-01-2022 2/3 Sections 341, 323, 379, 498A, 504 and 34 of the Indian Penal Code.
At the outset, learned counsel for the petitioner has submitted that notwithstanding the differences with his spouse, he is ready to enter into negotiations with her and is also desirous of restoring his matrimonial life, provided she agrees for the same.
In that view of the matter, this Court disposes of this bail petition with a direction that in case the petitioner surrenders before the court below within a period of eight weeks from today and expresses his willingness to bring back the Opposite Party No. 2 to her matrimonial home, he shall be released on provisional bail.
The Opposite Party No. 2 shall be noticed and on her appearance, the court below shall explore the possibility of settlement of the matrimonial dispute. If the Opposite Party No. 2 is willing to go with the petitioner to join the matrimonial fold, the
Patna High Court CR. MISC. No.16531 of 2021(2) dt.06-01-2022 3/3 provisional bail of the petitioner shall be confirmed. If for no apparent / plausible reason, Opposite Party No. 2 refuses to join the matrimonial fold, that should also be taken into account by the Court while passing an order of confirmation of provisional bail.
With the aforesaid observation / direction, this petition stands disposed off.
(Ashutosh Kumar, J) skm/- U T