Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43746 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== ATUL KUMAR Son of Mahendra Singh Resident of Village - Narahi, P.S.- Chandi, Dist.- Bhojpur at Present Resident of Vill- Pakari Kalyanpur, P.S.- Bihiya, dist.- Bhojpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manisha Devi, W/o Atul Kumar, D/o Rabindra singh At Present Resident of Village - Narahi, P.S.- Chandi, Dist.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-11-2019 Heard learned counsel for petitioner, learned counsel for O.P. No. 2 as well as learned Addl. P.P.

The dispute happens to be amongst the spouses and that being so, instant prosecution happens to be apart from others, under Section 498A of the Indian Penal Code. In the aforesaid background, vide order dated 16.07.2019, matter was referred to High Court Mediation Centre and the report is on the record depicting the efforts having gone futile. However, the learned respective counsels submit that on account of repeated effort having at both ends, matter is expected to be settled which could be perceived at the end of learned lower court itself.

Patna High Court CR. MISC. No.43746 of 2019(3) dt.27-11-2019 2/2 That being so, matter is referred to the learned lower court itself, who will intervene and, seeing the effort resulting in positive manner, during course thereof, would allow the petitioner to avail the privilege of bail, whereupon also endeavour to dispose off the proceeding at an earliest in the background of settlement, if any arrived at amongst the parties. If not, then in that circumstance, the matter will be proceed in usual way.

In therms thereof, instant petition is disposed off. (Aditya Kumar Trivedi, J) rakhi/- U T