Vijay Ram @ Vijay Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9450 of 2020 Arising Out of PS. Case No.-1435 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== VIJAY RAM @ VIJAY KUMAR RAM S/o Nand Kishor Ram R/o villageVaishali, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Neelam Devi D/o Ram Kishun Ram R/o village- Vaishali, P.S.- Vaishali, District- Vaishali. At present Resident of Korariya Nizamat, P.S.- Paroo, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Ms. Nitu Kumari , learned Advocate for the petitioner and Ms. Sucheta Yadav, 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 Complaint Case No. 1435 of 2018 in which cognizance has been taken under Sections 323, 498(A) and 34 of the Indian Penal Code.

By order dated 02.03.2020, notice was directed to be issued to opposite party no. 2, but there is no

Patna High Court CR. MISC. No.9450 of 2020(3) dt.06-12-2021 2/3 appearance on her behalf.

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 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

Patna High Court CR. MISC. No.9450 of 2020(3) dt.06-12-2021 3/3 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. (Ashutosh Kumar, J) krishna/- U T