Patna High CourtCR. MISC./8989/2020disposed

Chuman Ram v. The State Of Bihar

2021-12-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8989 of 2020 Arising Out of PS. Case No.-631 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== CHUMAN RAM Son of Phuldeo Ram Resident of Village- Mohabat Chhapara, P.O.- Sabaiya, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar 2.

Lalasha Devi Wife of Chuman Ram, D/o Shukhal Ram At present, Baraharpur, P.S.- Harshidhi, District- East Champaran, Motihari. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Sucheta Yadav, APPT ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Rajesh Kumar, learned Advocate for the petitioner and Ms. Sucheta Yadav, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C631 of 2019 in which cognizance has been taken under Section 498(A) of the Indian Penal Code.

By order dated 03.03.2020 notice was directed to be issued to opposite party no. 2, but there is no appearance on behalf of opposite party no. 2. The petitioner is ready to settle the matrimonial dispute and keep his wife with due dignity and honour, provided she is agreeable for the same. In view of the categorical stand of the

Patna High Court CR. MISC. No.8989 of 2020(3) dt.06-12-2021 2/2 petitioner that he is ready to sit across the table and make efforts at resolving the matrimonial dispute, this Court deems it appropriate to direct that in the event of the petitioner surrendering before the court below within a period of three weeks, he shall be released on provisional bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties. Simultaneously, the opposite party no. 2 also shall be noticed. On the appearance of the opposite party no. 2, the court below shall provide ample opportunities to the spouses/parties to negotiate and settle the differences in an amicable manner. The parties would also be at liberty to go for a one time settlement if restitution of conjugal rights does not appear to be possible.

If the dispute is settled, the provisional bail granted to the petitioner shall be confirmed. If at all the court finds that the conduct/stand of the parties is obstructive and unreasonable that shall be taken into account for passing a final order of confirmation of provisional bail. The application stands disposed off accordingly.