Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21076 of 2021 Arising Out of PS. Case No.-1277 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAJESH KUMAR SAH S/o- Chandradev Sah R/o Village- Shekhpur Akharaghat, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2022 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State.

The petitioner, who is the husband of opposite party no. 2/informant, seeks bail in anticipation of his arrest in connection with Ahiyapur P.S. Case No. 1277 of 2019 dated 22.10.2019 instituted for the offences under Sections 498(A), 323, and 324 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is ready to settle the matrimonial dispute and keep the informant/opposite party no. 2 with due dignity and honour, provided she is agreeable for the same.

Considering this aspect of the matter, this

Patna High Court CR. MISC. No.21076 of 2021(2) dt.11-01-2022 2/2 Court directs that in the event of the surrender of the petitioner within a period of six weeks from today, he shall be granted provisional bail and simultaneously notice shall be issued to the informant. On the appearance of the informant, the court will explore the possibilities of settlement and if the issues between the spouses are settled, the provisional bail of the petitioner shall be confirmed. The provisional bail of the petitioner shall also be confirmed in the event of the informant showing an unreasonable attitude during the deliberations. If the conduct of the petitioner is not good, that should also be taken into account before confirming the provisional bail of the petitioner. The petition stands disposed of.

(Ashutosh Kumar, J) krishna/- U T