Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37249 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- ASANWA District- Siwan ====================================================== AMIT KUMAR SINGH S/o Bhulan Singh R/o village- Pihuli, P.S.- Assaon, District- Siwan.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

ALKA SINGH W/o Amit Singh R/o village- Pihuli, P.S.- Assaon, DistrictSiwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Informant :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 18.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Assaon P.S. Case no. 54 of 2020, registered under Sections 341, 323, 324 and 498(A) of the Indian Penal Code and Section 3 / 4 of D.P. Act.

Learned counsel for the petitioner submits that petitioner is the husband of informant/O.P. No.2 Alka Singh.

Patna High Court CR. MISC. No.37249 of 2020(2) dt.30-06-2021 2/3 Further submission is that due to misunderstanding, the O.P. No.2 filed the present case. However, petitioner is ready to keep the O.P. No.2 with full dignity.

Learned counsel appearing on behalf of informant submits that due to wedlock of petitioner and O.P. No.2, both were blessed with a baby aged about one year and O.P. No.2 also wants to live with the petitioner.

In view of the submissions of the learned counsel appearing on behalf of petitioner and O.P. No.2, let the above named petitioner be released on provisional bail for a period of one year, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Siwan in connection with Assaon P.S. Case No. 54 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

The learned S.D.J.M, Siwan is directed to refer the matter before the District Mediation Centre, Siwan for mediation in between the petitioner and informant/O.P. No.2, who are husband and wife, on receipt of copy of order of this Court, within one month. It is made clear that if the matter is

Patna High Court CR. MISC. No.37249 of 2020(2) dt.30-06-2021 3/3 settled in between the parties, the learned S.D.J.M., Siwan will confirm the provisional bail of petitioner and in case the mediation is not succeeded due to laches on the part of petitioner, the learned Court below would be at liberty to cancel the bail bond of the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T