Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.291 of 2021 Arising Out of PS. Case No.-69 Year-2019 Thana- BATH District- Bhagalpur ====================================================== SUNIL SHARMA, Son of Late Dilip Sharma Resident of Village - Daulatpur, P.S. - Bath, Dist. - Bhagalpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kajal Kumari, D/o Ram lal Sharma Resdent of Village - Kakni , P.S.- Saraiyahat, Distt.- Dumka.

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Swapnil Kumar Singh, learned counsel for the petitioner and Ms. Asha Kumari, 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 Bath P. S. Case No. 69 of 2019, instituted for the offences under Section 498 A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

At the outset, learned counsel for the petitioner has submitted that notwithstanding the differences with

Patna High Court CR. MISC. No.291 of 2021(2) dt.23-06-2021 2/3 his spouse, he is ready to enter into negotiations with her and is also desirous of restoring his matrimonial life with her, provided she agrees for the same.

In that view of the matter, this Court disposes of this bail petition with a direction that in case the petitioner surrenders before the court below within a period of eight weeks from today and expresses his willingness to bring back the complainant / Opposite Party No. 2 to her matrimonial home, he shall be released on provisional bail.

The Opposite Party No. 2 shall be noticed and on her appearance, the court below shall explore the possibility of settlement of the matrimonial dispute. If the Opposite Party No. 2 is willing to go with the petitioner to join the matrimonial fold, the provisional bail of the petitioner shall be confirmed. If for no apparent / plausible reason, Opposite Party No. 2 refuses to join the matrimonial fold, that should also be taken into account by the Court while passing an order

Patna High Court CR. MISC. No.291 of 2021(2) dt.23-06-2021 3/3 of confirmation of provisional bail.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U T