Sikandar Paswan @ Sikandar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13268 of 2020 Arising Out of PS. Case No.-389 Year-2018 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== SIKANDAR PASWAN @ SIKANDAR KUMAR Son of Ram Balak Paswan Resident of Village - Usfa, P.S.- Gaurichak, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sunita Devi w/o Sikandar Paswan @ Sikandar Kumar Resident of Village -Madhepur, p.S. Kashichak, Distt.Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2021 Heard Mr. Vijay Anand, learned Advocate for the petitioner and Mr. Ajay Kumar No. 2, learned APP for the State.

The petitioner is the husband of opposite party no. 2 who seeks bail in anticipation of his arrest in connection with C.R. 389(C)/2018 in which cognizance has been taken under Sections 323, 498(A), 504/34 of the Indian Penal Code.

On 05.03.2020, the records of this case was sent to the Patna High Court Mediation and Conciliation Centre but because of the Pandemic closure, the

Patna High Court CR. MISC. No.13268 of 2020(3) dt.07-12-2021 2/3 preceding could not be concluded.

The records of this case is recalled from the Patna High Court Medication Centre.

Regard being had to the stand of the parties that they are ready to negotiate and iron out the differences amongst themselves, this Courts directs that in the event of the petitioner surrendering before the court below within 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

Patna High Court CR. MISC. No.13268 of 2020(3) dt.07-12-2021 3/3 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