Mohan Lal Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27389 of 2020 Arising Out of PS. Case No.-521 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== MOHAN LAL PODDAR Son of Nagendra Poddar @ Nagen Poddar Resident of Village - Ajam Nagar, Ward No. 5, P.S.- Ajam Nagar in the district of Katihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Muskan Devi Wife of Mohan Lal Poddar Resident of Village - Teghariya, P.S.- Kishanganj in the district of Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the State :

Mr. Bhanu Pratap Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioner apprehends his arrest in connection with Kishanganj PS Case No 521 of 2019 instituted for the offence under Sections 341,323/34 and 498A of the Indian Penal Code. The allegation is made by the wife of the petitioner. Learned counsel for the petitioner submits that he is willing to reconcile the issue with his wife and to live with her.

Patna High Court CR. MISC. No.27389 of 2020(3) dt.19-01-2021 2/3 Counsel for the petitioner further submits that the petitioner will make all genuine efforts to reconcile the issue so that there conciliation culminates in restoration of matrimonial harmony or one time settlement as may be agreed upon between the petitioner and the informant.

Learned counsel for the State does not object to such proposals as long as amicable settlement is reached between the parties.

In view of the said submissions, since terms of reconciliation has to be worked out, this Court would direct that if the petitioner, above named, surrenders in the Court below i.e. the Court of learned CJM Kishanganj, within a period of four

(04) weeks from today, in connection with Kishanganj PS Case No 521 of 2019, and submits an undertaking to this effect at the time of his surrender, the Court below, after issuing notice to opposite party no.2 (wife), may grant provisional bail to the petitioner for a period of three (03) months to its own satisfaction. The parties would make attempt to work out an amicable resolution of the dispute and the matter would be reviewed by the court below after three months. The Court makes it clear that if the issue is resolved amicably, the provisional bail granted to the petitioner may be confirmed. If

Patna High Court CR. MISC. No.27389 of 2020(3) dt.19-01-2021 3/3 the developments are, however, otherwise, the Court below would be free to pass orders in exercise of its judicial discretion, including cancellation of the provisional bail granted to the petitioner.

With the aforesaid observations the application stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U T