Patna High CourtCR. MISC./40724/2020disposed

Umesh Ram v. The State Of Bihar

2021-06-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40724 of 2020 Arising Out of PS. Case No.-1204 Year-2015 Thana- PAROO District- Muzaffarpur ====================================================== Umesh Ram, Son of Bhavichhan Ram Alias Bhabichhan Das, R/o Village - Mouna Tola Banglaper, P.S. - Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard Ms. Kumari Sujata Sinha, the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1204 of 2015 in which cognizance has been taken against him under Section 498(A) of the Indian Penal Code.

At the outset, the learned counsel for the petitioner has submitted that he is not averse to the talks of settlement

Patna High Court CR. MISC. No.40724 of 2020(2) dt.22-06-2021 2/3 with his wife/complainant, provided she 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 six 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 the 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 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.

Patna High Court CR. MISC. No.40724 of 2020(2) dt.22-06-2021 3/3 With the aforesaid observation/direction, the application stands disposed off.

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