Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30427 of 2020 Arising Out of PS. Case No.-1170 Year-2012 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== ANIL SHARMA, S/o Birendra Sharma Resident of Village-Manikpur, P.SGadhpura, District-Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2020 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Pankaj Kumar, learned counsel for the complainant.

The State is represented by the APP.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1170 C of 2012, in which cognizance has been taken under Section 498(A) of the Indian Penal Code.

The stand of the petitioner is that he is ready to take his wife back to the matrimonial fold.

However, learned counsel for the complainant

Patna High Court CR. MISC. No.30427 of 2020(2) dt.18-12-2020 2/3 has submitted that now with the petitioner having married another person, it would not be feasible for her to join the matrimonial fold. The complainant also claims to be ill and for all this and she has been neglected by her husband / the petitioner.

However, the complainant / wife is ready for settlement with the petitioner in case the terms and conditions are fixed by the Court.

Considering the afore-stated stand of the parties, this Court remits the case to the court of learned SDJM, Begusarai, with a direction that on the petitioner surrendering before him, he shall be granted provisional bail and shall also issue notice the informant. An attempt shall be made by the court below to have the matter settled either himself or by referring the matter to the Mediation and Conciliation Centre of the district Court.

If the dispute between the spouses are settled, the bail of the petitioner shall be confirmed.

Patna High Court CR. MISC. No.30427 of 2020(2) dt.18-12-2020 3/3 In case the court below finds that the petitioner is displaying a rigid stand, that shall be taken into account while passing an order on an application by the petitioner for confirmation of his bail.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T