Rahul Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30095 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -NABINAGAR District- AURANGABAD ====================================================== Rahul Paswan S/o Basant Paswan, resident of Village- Badki Parhi, P.S.- Nabinagar, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sangeeta Devi W/o Rahul Paswan, resident of Village- Japla Datanagar, P.O.- Japla, P.S.- Husainabad, District- Palamu (Jharkhand). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the State : Mr. Pancha Nand Pandit, APP For the Informant-O.P. No.2 : Mr. Varun Kumar Trivedi, Advocdate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner, learned counsel appearing on behalf of Opposite Party No.2 and the learned A.P.P. for the State.

By order dated 11.07.2017, provisional bail was granted to the petitioner and both the parties were directed to appear in chambers. Petitioner has appeared, but Opposite Party No. 2 has not appeared although her counsel has appeared. It has been submitted by the learned counsel for Opposite Party No.2 that petitioner, her husband has solemnized second marriage and as such, it is not possible for her to stay any longer with the petitioner.

Patna High Court Cr.Misc. No.30095 of 2017 (3) dt.28-08-2017 2/2 Learned counsel for the petitioner, however, submits that he is ready for one time settlement with Opposite Party No.2.

Considering the facts and circumstances and the submission of the learned counsel for the petitioner that he is ready for one time settlement, petitioner and opposite party no.2 are directed to appear on the 13th of September 2017 before the learned Additional Chief Judicial Magistrate 1st , Aurangabad in connection with Nabinagar P.S. Case No. 50 of 2017 whereafter learned Court below will make endeavour to resolve the dispute between the parties by way of one time settlement. It is made clear that the provisional bail granted to the petitioner by this Court vide order dated 11.07.2017 will be confirmed by the learned Court below only when the dispute between the parties is resolved in terms of one time settlement. The provisional bail of the petitioner will also be confirmed if the opposite party no.2 shows her reluctance not to settle the issue. This application is, accordingly, disposed of. (Nilu Agrawal, J.) Arjun/- U T