Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41150 of 2020 Arising Out of PS. Case No.-855 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Chandan Paswan, S/o Sri Kishun Paswan, Resident of Village-Mahavirganj, P.S.-Parsathua, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Umesh Chandra Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Ashok Kumar Pandey, learned counsel for the petitioner and Mr. Umesh Chandra Verma, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 855 of 2018 in which cognizance has been taken against him under Section 498(A) of the Indian Penal Code.

The petitioner is the husband of the complainant.

Patna High Court CR. MISC. No.41150 of 2020(2) dt.23-06-2021 2/3 At the outset, the learned counsel 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. It has also been submitted that the petitioner is also ready for one time settlement with his wife/complainant.

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 (the 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 his wife/complainant deliberately choosing

Patna High Court CR. MISC. No.41150 of 2020(2) dt.23-06-2021 3/3 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) Praveen-II/- U T