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Patna High CourtCR. MISC./290/2021disposed

Rajdeep Ranjan v. The State Of Bihar

2021-06-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.290 of 2021 Arising Out of PS. Case No.-27 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== RAJDEEP RANJAN, S/O BALRAM SHARMA R/O VILLAGE DHOBIDIH, P.S.-RAJOUN, DISTRICT-BANKA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SIMA KUMARI W/O RAJDEEP RANJAN, D/O RAMSWAROOP SHARMA R/O VILLAGE BAIJALPUR, P.S.-SABOUR, DISTRICTBHAGALPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner, who is the husband of the complainant / Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 27 of 2019, in which cognizance has been taken under Sections 232, 498A, 504 and 34 of the Indian Penal Code.

At the outset, the learned counsel for the

Patna High Court CR. MISC. No.290 of 2021(2) dt.23-06-2021 2/3 petitioner has submitted that in spite of a divorce petition having been filed by the complainant / Opposite Party No. 2, hurriedly, the petitioner is even today ready to settle the matrimonial dispute with her.

Notwithstanding the differences with his spouse, the petitioner is even today ready for negotiations with his wife / Opposite Party No. 2 for settlement of matrimonial dispute and return of Opposite Party No. 2 to her matrimonial home and if the aforesaid proposal of the petitioner is not acceptable to Opposite Party No. 2, he shall also not be averse to entering into negotiations for a one time settlement.

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, viz., Sima Kumari shall be noticed and on her appearance, the court below shall explore the

Patna High Court CR. MISC. No.290 of 2021(2) dt.23-06-2021 3/3 possibilities of settlement between the spouses by facilitating bilateral negotiations. The Court would be expected to act as a mediator and in case it is found that there is every likelihood of the dispute being settled or in the event of the dispute being settled, the provisional anticipatory bail of the petitioner shall be confirmed. If for some reason, which would not be attributable to the stand of the petitioner, the talks of settlement fails and it is found that it is because of the intransigence of Opposite Party No. 2, that fact also shall be taken into account while passing an order confirming the provisional anticipatory bail of the petitioner.

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

(Ashutosh Kumar, J) skm/- U T