Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36930 of 2020 Arising Out of PS. Case No.-587 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== RISHI KUMAR Son of Sri Kamal Kumar @ Kamal Kurmi Resident of Road No.6, Quarter No.10/B, P.S.- Chitranjan, Distt- Burdwan (West Bengal). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nisha Kumari W/o Rishi Kumar, D/o Abhimanyu Ram Presently residing at Village- Khaira, P.S.- Khaira, Distt- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner, who is the husband of opposite party no. 2 seeks bail in anticipation of his arrest in connection with Complaint Case No. 587(C) of 2017 in which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

On 08.04.2021, this Court had directed for issuance of notice to opposite party no. 2 and had granted provisional bail to the petitioner.

Patna High Court CR. MISC. No.36930 of 2020(3) dt.22-06-2021 2/3 Mr. Parasar, learned counsel for the petitioner has fairly pointed out to this court today that he could not file the requisites of the notice because of the closure of Court office on account of the pandemic. However, he submits that the petitioner is agreeable for entering into negotiations with opposite party no. 2 for settling the difference with her provided she is agreeable for the same. Taking into account the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No.

2) shall be noticed and on her appearance, the Court below shall explore the possibilities of a settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately

Patna High Court CR. MISC. No.36930 of 2020(3) dt.22-06-2021 3/3 choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T