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Patna High CourtCR. MISC./39071/2022disposed

Hawaldar Rai v. The State Of Bihar

2022-11-14Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39071 of 2022 Arising Out of PS. Case No.-433 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== HAWALDAR RAI Son of Laldeo Rai Resident of Village - Bajanhiyan, P.S.- Dariapur, District - Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bindu Devi Wife of Hawaldar Ray D/o Yogendra Ray, Resident of Village - Bajanhiyan, P.S.- Dariapur, District - Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dariapur P.S. Case No. 433 of 2021 registered for the offences punishable under Sections 323, 341, 379, 498(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is husband of opposite party no. 2 and is ready to keep opposite party no. 2 with full dignity and honour. He further

Patna High Court CR. MISC. No.39071 of 2022(2) dt.14-11-2022 2/3 submits that petitioner is ready to settle the dispute. Without going into the merits of the matter, let the petitioner above named be released on provisional bail for a period of six months from the date of receipt/production of copy of this order to the court concerned on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13, Saran at Chapra in connection with Dariapur P.S. Case No. 433 of 2021.

The court below is directed to make suitable effort for the purpose of conciliation between the parties. The petitioner and the opposite party no. 2 would have the opportunity to work out an amicable resolution of the issue.

If an amicable resolution is worked out within six months, petitioner would be entitled to confirmation of his provisional bail.

If, on the other hand, the issue is not resolved between the parties, the Court below, needless to say, would be well within its jurisdiction to exercise its judicial discretion and pass appropriate orders, which may include cancellation of the petitioner's provisional bail.

Patna High Court CR. MISC. No.39071 of 2022(2) dt.14-11-2022 3/3 This application stands disposed of in the aforesaid terms.

(Alok Kumar Pandey, J) shahzad/- U T