Gopal Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23639 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -MAHILA P.S. District- PATNA ====================================================== Gopal Kumar Son of Ganesh Prasad Gupta resident of Mohalla - New Yarpur, Janta Road, (upper of Jagdamba Vastralya) Police Station - Gardanibagh, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priti Kumari Wife of Gopal Kumar, Daughter of Malwendra Nath resident of Mohalla - New Yarpur, Janta Road, (upper of Jagdamba Vastralya) Police Station - Gardanibagh, District - Patna. At present resident of mohalla - Husse Chapra, Police Station - Chapra, District - Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh Mr. Anurag Kumar Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2017 Heard the counsel for the petitioner and opposite party no.2.

Within one year of marriage, it is alleged, the informant has been victimized for non payment of the demand of dowry.

Learned counsel for the petitioner submits that prior to filing of the FIR, the petitioner had filed a matrimonial proceeding vide Matrimonial Case No. 1330 of 2016 seeking divorce. However, it is stated that the petitioner is ready to

Patna High Court Cr.Misc. No.23639 of 2017 (3) dt.06-07-2017 2/3 resolve the matrimonial dispute with his wife. It is also submitted that an opportunity be granted for the same.

Counsel for the informant has also stated that an opportunity be granted to both the parties to resolve the matrimonial discord.

Considering the agreement at Bar, the petitioner above named, in the event of arrest/surrender within four weeks from today, shall be released on provisional bail for a period of eight weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna Smt. Sarika Vahalia in Mahila P.S. Case No. 16 of 2017, G.R. Case No. 2241 of 2017 on condition that one of the bailors shall be his own/close family member. Along with the bail bonds, the petitioner shall produce evidence showing deposit/payment of a sum of Rs. 2500/- in favour of the complainant.

It will be then open to both the parties to discuss and resolve their disputes mutually or approach the court for referring the matter to the Mediation Centre for resolution of the differences. The petitioner shall approach the court below with the result of his efforts made to resolve the disputes between them either by Mediator/Conciliator or between themselves within

Patna High Court Cr.Misc. No.23639 of 2017 (3) dt.06-07-2017 3/3 the said period whereafter the learned trial court shall either confirm the provisional bail or refuse the bail to the petitioner. (Kishore Kumar Mandal, J) HR/- U T