Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41118 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Pappu Kumar, Son Of Rameshwar Rai Resident Of Village - Rahimpur Rudauli, P.S.- Samastipur Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinku Kumari W/O Pappu Kumar , D/O Keshav Rai Resident Of Village - Birnama, P.S.- Angarghat, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok- Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-07-2021 Heard Mr. Alok Kumar Alok, the learned Advocate for the petitioner and Mr. Surendra Prasad Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No.235 of 2019, instituted for the offences under Section 498(A) of the Indian Penal Code.

At the outset, the learned Advocate for the petitioner has submitted that he is not averse to the talks of settlement with his wife/ Complainant, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Patna High Court CR. MISC. No.41118 of 2020(2) dt.24-07-2021 2/2 Considering 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 (Complainant) 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/ complainant 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/ complainant deliberately 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 off.

(Ashutosh Kumar, J) vikash/- U T