Vinod Gupta @ Vinod Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3795 of 2021 Arising Out of PS. Case No.-158 Year-2019 Thana- JALALPUR District- Saran ====================================================== VINOD GUPTA @ VINOD KUMAR GUPTA S/o LATE INDRADEV PRASAD Resident of Village - Koini, P.S. - Majhagarh, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rompa Gupta W/o Vinod Gupta @ Vinod Kumar Gupta D/o Anil Gupta, At Present House of Maternal Uncle Ramji Gupta, Resident of Village - Chainpali, P.S. - Jalalpur, District - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. APP For the Informant :

Mr. Bindhyachal Singh, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-07-2021 Heard Mr. Ashok Kumar Gupta, learned Advocate for the petitioner and Mr. Bindhyachal Singh, learned senior Advocate for the Informant / opposite party no. 2. The State is represented by the learned APP. The petitioner seeks bail in anticipation of his arrest in connection with Jalalpur P.S. Case No. 158 of 2019 instituted for the offences under Sections 341, 323, 498(A) and 504 of the Indian Penal Code.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife/opposite party No. 2, provided she

Patna High Court CR. MISC. No.3795 of 2021(2) dt.29-07-2021 2/3 is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

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 (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 cause.

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

Patna High Court CR. MISC. No.3795 of 2021(2) dt.29-07-2021 3/3 With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T