Uday Shankar @ Uday Shankar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8519 of 2020 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA PS District- Gopalganj ====================================================== UDAY SHANKAR @ UDAY SHANKAR JAISWAL Son of Sri Uma Shankar Choudhary Resident of Hanumant Nagar, Near Bus Stand, Dugra Mandir, P.S.- Town, District- Araria ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Madhu Bala Kumari Wife of Uday Shankar Choudhary, D/O - Sri Rama Shankar Prasad Resident of Jaiswal Vastralay, Katiya Bazar, P.S.- Katiya, District- Gopalganj ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyank Deepak, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP For the Informant : Mr. Vikash Ratan Bharti, Advocate Mr. Indrajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-01-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State, as also the learned Counsel appearing for the informant.

Petitioner seeks anticipatory bail in Gopalganj (Mahila) PS Case No. 14 of 2019 registered under Sections 341, 323, 498A, 406, 420, 307, 504 and 506/34 of the IPC.

Learned Counsel for the petitioner submits that he is willing to reconcile the issue with his wife. Counsel for the petitioner submits that the petitioner will make all genuine efforts to reconcile the issue so that the reconciliation culminates in restoration of matrimonial harmony or one time settlement as may be agreed upon between the petitioner and the informant.

Learned Counsel for the State and the learned Counsel for the informant does not object to such proposal as long as amicable settlement is reached between the parties.

Patna High Court CR. MISC. No.8519 of 2020(3) dt.30-01-2021 2/2 In view of the said submission since terms of reconciliation has to be worked out, this Court would direct that if the petitioner surrenders in the court below, i.e. the Court of SDJM. Gopalganj within a period of four weeks from today, in connection with Gopalganj (Mahila) PS Case No. 14 of 2019, and submits an undertaking to this effect at the time of his surrender, the court below, after issuing notice to Opposite party No. 2 (wife) will grant provisional bail to the petitioner. The parties would make attempt to work out an amiable resolution of the dispute and the matter would be reviewed by the court below after three months. This court makes it clear that if the issue is resolved amicably, the provisional bail granted to the petitioner should be confirmed. If the developments are, however otherwise, the court below would be free to pass orders in exercise of its judicial discretion, including cancellation of the provisional bail granted to the petitioner.

With the aforesaid observations the application stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U T