Lalan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36873 of 2020 Arising Out of PS. Case No.-527 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Lalan Pandit, aged about ----, male, S/o Lalji Pandit, Resident of VillageDhruv Pakadi, Post and P.S.-Kalyanpur, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Archana Devi, aged about 26 years, female, W/o Lalan Pandit, Present Address-Daughter of Late Yogendra Pandit, Resident of Village-Bairaya Shyampur, P.O. and P.S.-Sangrampur, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Nobody appears on behalf of the petitioner.

The counsel for the State Mr. Rajendra Singh is present.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 527 of 2019 in which cognizance has been taken under Section 498A of the

Patna High Court CR. MISC. No.36873 of 2020(2) dt.08-04-2021 2/3 Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

On perusal of the bail application, it appears that the petitioner is not averse to the talks of settlement with his wife/opposite party No. 2, provided she is agreeable for the same.

Considering the aforesaid fact, this Court directs that if the petitioner 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 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 choosing not to settle the dispute without any appropriate

Patna High Court CR. MISC. No.36873 of 2020(2) dt.08-04-2021 3/3 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 off.

(Ashutosh Kumar, J) Praveen-II/- U T