Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37308 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- DHARHARA District- Munger ====================================================== GAUTAM KUMAR S/o Ravindra Yadav R/o village- Khirodhpur (Dariyapur) Belchhi, P.S.- Dharahra, Distt.- Munger ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Khusboo Devi W/o Gautam Kumar R/o village- Khirodhpur (Dariyapur) Belchhi, P.S.- Dharahra, Distt.- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Dharahra P.S. Case No. 11 of 2019 registered for the offences punishable under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is that he subjected his wife to torture and cruelty with respect to demand and further allegation is that he solemnized second marriage and opposite party No.2 has two female children.

Submission of learned counsel for the petitioner is that allegation of solemnizing of second marriage is false and concocted and he is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.37308 of 2019(5) dt.25-09-2019 2/2 Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer of the petitioner and submitted that in such a situation it is not possible for opposite party No.2 to reside with the petitioner.

In view of above facts and circumstances, this application is disposed of with direction to petitioner to appear before the court below, who will send the matter to the District Mediation Centre, before whom both the parties shall appear, to find out any settlement, i.e., one time settlement or at least reasonable amount of maintenance to her and her children, between the parties and on submission of report of Mediator, learned court below shall confirm the provisional bail granted to the petitioner vide order dated 19.6.2019 or pass other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) spal/- U T