Rakesh Kumar @ Rakesh Kumar Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20840 of 2020 Arising Out of PS. Case No.-460 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Rakesh Kumar @ Rakesh Kumar Keshari Son of Chandrika Sah Resident of Village - Belwa Rai Khas, P.S.- Turkauliya, District- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rinku Kumari @ Rinku Devi Wife of Rakesh Kumar @ Rakesh Kumar Keshari Resident of Village - Belwa Rai Khas, P.S.- Turkauliya, DistrictEast Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the State :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-09-2020 Defect, as pointed out by the office, be ignored. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in jail custody since 12.11.2019 in connection with Turkaulia P.S. Case No. 460 of 2019 registered for the offences punishable under Sections 341, 323, 498-A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Petitioner happens to be husband of the informant/opposite party no. 2 and admittedly, the marriage of petitioner with informant was solemnized in the year 2014 and

Patna High Court CR. MISC. No.20840 of 2020(2) dt.10-09-2020 2/3 the present case was lodged in the year 2019. Learned counsel of the petitioner submits that petitioner wants to keep the informant with full honour and dignity but informant does not want to lead her marital life with the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioner is directed to be released on bail provisionally for the period of six months from today on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Turkauliya P.S. Case No. 460 of 2019 with direction to concerned court/trial court to explore the possibilities of settlement of dispute of petitioner and informant even by way of one time settlement and for which the concerned court shall issue notice to informant and petitioner fixing a date for reconciliation. However, it is made clear that if concerned court feels that dispute of the parties is not possible to resolve due to non cooperative and rigid approach of the petitioner, in that event, the concerned court shall consider the confirmation of provisional bail of the petitioner on its own merit. It is needless to say that if the attempt of settlement fails due to rigid and non

Patna High Court CR. MISC. No.20840 of 2020(2) dt.10-09-2020 3/3 cooperative approach of informant or if the concerned court succeeds in his attempt, the provisional bail granted to petitioner shall be confirmed by the learned court below itself. In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) shahzad/- U T