Arvind Yadav @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20532 of 2020 Arising Out of PS. Case No.-755 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Arvind Yadav @ Arvind Kumar aged 27 years son of Ramotar Yadav ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the opposite party no. 2.

Petitioner apprehends his arrest in connection with Complaint Case No. 755 of 2018 in which cognizance for the offences punishable under Sections 498A of the Indian Penal Code has been taken.

Petitioner happens to be husband of opposite party no. 2 but it is submitted on his behalf that petitioner is ready to keep the opposite party no. 2 with full honour and dignity. Learned counsel of opposite party no. 2 submits that opposite party no. 2 is also ready to resolve the dispute. In view of the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.20532 of 2020(3) dt.15-01-2021 2/3 well as submissions, this anticipatory bail stands disposed of with direction to the petitioner to surrender before the court below within six weeks from today, and if petitioner does so, the learned court below shall release the petitioner on provisional bail fixing the amount of bail bonds on its own level and, furthermore, on the day of releasing the petitioner on provisional bail, the learned court below shall issue notice to opposite party no. 2 fixing a date for reconciliation and shall also direct the petitioner to appear in person on the above stated day. Furthermore, the learned court below after appearance of petitioner and opposite party no. 2 shall explore the possibilities of settlement of the dispute of the parties, even by way of one time settlement.

It is made clear that if, the learned court below finds that the dispute of the parties could not be resolved due to rigid approach of the petitioner, the learned court below shall take the petitioner in custody and if any prayer for bail is made on behalf of the petitioner, the said prayer shall be considered by the learned court below on its own merit. However, if the dispute of the parties could not be resolved due to rigid approach of the opposite party, the provisional bail granted by the court below to the petitioner shall be confirmed by the court below itself. It

Patna High Court CR. MISC. No.20532 of 2020(3) dt.15-01-2021 3/3 goes without saying that if the learned court below succeeds in getting the dispute of the parties resolved, then in that circumstance, the provisional bail of the petitioner shall be confirmed by the court below and the learned court below shall take all efforts to dispose of the case after adopting legal procedure as early as possible.

It is made clear that all the above stated efforts must be completed within six months from the date of surrender of the petitioner.

N.K/- (Hemant Kumar Srivastava, J) U T