Ajay Kumar @ Ajay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23768 of 2020 Arising Out of PS. Case No.-2400 Year-2019 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== AJAY KUMAR @ AJAY KUMAR MAHTO Son of Tuna Mahto Resident of Village - Ghataho @ Sultanpur Ghataho, P.S.- Ghataho, District - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha Kumari Wife of Ajay Kumar @ Ajay Kumar Mahto Resident of Village - Ghataho, P.S.- Ghataho, District - Samastipur and Daughter of Rambilas Mahto, at present Resident of Village - Agrail, P.O.- Champapur, P.S.- Balgaw, District - Vaishali.

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr. Pradeep Narayan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing

Patna High Court CR. MISC. No.23768 of 2020(2) dt.08-10-2020 2/3 the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioner apprehends his arrest in connection with complaint case no. 2400 of 2019, instituted for the offence under Section(s) 323, 498A, 504 and 379 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Cognizance has been taken under Section 498A of the IPC. Petitioner's counsel submits that he is ready for one time settlement, in the event he is allowed pre- arrest bail. Learned counsel for the State does not controvert the aforesaid fact. It is further submitted that the petitioner be put to strict terms.

Considering the submissions of the parties, this Court would direct that the petitioner should surrender before the court below ACJM-16 -cum- sub judge-17, Vaishali at Hajipur, within a period of four (04) weeks from today in connection with Complaint Case No. 2400 of 2019. The Court below, upon such surrender, may release the petitioner on provisional bail for a period of three (03) months to its own satisfaction.The petitioner would have three (03) months to work out one time settlement with complainant as suggested by the petitioner's counsel for resolving the issue. In case such one time settlement or solution

Patna High Court CR. MISC. No.23768 of 2020(2) dt.08-10-2020 3/3 is not agreed to by the parties, the Court below shall re-consider the matter and pass appropriate orders in exercise of its judicial discretion, which may also include cancellation of the provisional bail.

The anticipatory bail application stands disposed off in the aforesaid terms.

(Madhuresh Prasad, J) shyambihari/- U T