Pappu Gupta @ Jitendra Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30141 of 2020 Arising Out of PS. Case No.-1135 Year-2018 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== PAPPU GUPTA @ JITENDRA GUPTA Son of Late Dhanraj Sah Resident of Village- Patkhauliya, Police Station- Ramgarh, District- Kaimur at Bhabhua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.
Petitioner seeks anticipatory bail in Complaint Case No. 1135 of 2018 registered under Sections 498(A) of the IPC. Learned Counsel for the petitioner submits that he is willing to reconcile the issue with his wife. Counsel for the petitioner submits that the petitioner will make all genuine efforts to reconcile the issue so that the reconciliation 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 proposal as long as amicable settlement is reached between the parties.
In view of the said submission since terms of reconciliation has to be worked out, this Court would direct that if the petitioner surrenders in the court below, I,.e. the Court of SDJM Rohtas at Sasaram within a period of four weeks from today, in connection with Complaint Case No. 1135 of 2018, and submits an undertaking to this effect at the time of his surrender, the court below,
Patna High Court CR. MISC. No.30141 of 2020(2) dt.06-01-2021 2/2 after issuing notice to Opposite party No. 2 (wife) will grant provisional bail to the petitioner. The parties would make attempt to work out an amiable resolution of the dispute and the matter would be reviewed by the court below after three months. This court makes it clear that if the issue is resolved amicably, the provisional bail granted to the petitioner should be confirmed. If 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 of.
(Madhuresh Prasad, J) SNkumar/- U T