Sanjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25144 of 2019 Arising Out of PS. Case No.-131 Year-2017 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== SANJEET PASWAN S/o Fulo Paswan R/o village- Kahua, Tole- Nare, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sarita Devi D/o Baleshwar Paswan R/o village- Bishanpur, P.S.- Ghanshyampur, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case vide C.R. No.131 of 2017 for the offences allegedly committed by the petitioner under Sections 498A, 306, 323, 341, 504, 379 and 398 of the Indian Penal Code and under Sections 3 and 4 of the D.P. Act.

Petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the matter was referred to the mediation centre for resolution of the dispute between the husband and the wife but mediation failed. The parents of the petitioner appeared in the mediation centre

Patna High Court CR. MISC. No.25144 of 2019(5) dt.27-09-2019 2/3 and agreed to resolve the dispute. It is further submitted that the petitioner is also ready to settle the dispute once for all as the complainant and the petitioner have already solemnized their second marriage.

Learned counsel for the complainant submits that if the dispute is resolved once for all, the complainant has got no objection.

Having considered the facts that both the husband and the wife are willing to resolve their dispute once for all and lead their own life, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Complaint Case vide C.R. No.131 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for resolution of the dispute between the husband and the wife. If the dispute is amicably resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below

Patna High Court CR. MISC. No.25144 of 2019(5) dt.27-09-2019 3/3 shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of four months. (Prabhat Kumar Jha, J) Harish/- U T