Sourabh Singh @ Saurabh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13225 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== SOURABH SINGH @ SAURABH SINGH Son of Sri Ashok Kumar Singh Resident of Village - Flat No.02-D, Jayanti Enclave, Apcar Garden, G.T. Road, Asansol, P.S.- Apcar Gaerden, Dist.- Barddhaman (West Bengal.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Anand W/o Sri Sourabh Singh @ Saurabh Singh, D/o Sri Rahul Anand Resident of Village - Kathalbari, Bhandar Chowk, P.S.- Lalit Narayan Mithila University, Dist.- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Ram Priya Sharan Singh.

For the O.P. No. 2 :

Mr. Madhav Jha.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 Heard Mr. Manish Kumar No. 13, the learned counsel for the petitioner and Mr. Madhav Jha, the learned counsel for the informant / opposite party no. 2. The State is represented by Mr. Ram Priya Sharan Singh, learned APP. The petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 60 of 2019 instituted for the offences under Sections 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the talks of

Patna High Court CR. MISC. No.13225 of 2020(4) dt.26-10-2021 2/3 settlement with his wife/opposite party No. 2, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court

Patna High Court CR. MISC. No.13225 of 2020(4) dt.26-10-2021 3/3 below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T