Rakesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1753 of 2021 Arising Out of PS. Case No.-2905 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== RAKESH KUMAR GUPTA, SON OF DEO SHANKAR PRASAD MOHALLA- RAHAMGANJ, KALIMANDIR, P.S.- LAHERIASARAI, DISTRICT- DARBHANGA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RANJITA KUMARI, WIFE OF RAKESH KUMAR GUPTA, DAUGHTER OF SURENDRA PRASAD VILLAGE- NIRALA NAGAR, NEAR DAV COLLEGE, SIWAN, P.S. SIWAN TOWN, DISTRICT- SIWAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2021 Heard Mr. Anil Chandra, learned counsel for the petitioner and learned APP for the State.

The petitioner, who is the husband of Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 2905 of 2018 (Trial No. 3283 of 2020), in which cognizance has been taken under Section 498 (A) of the Indian Penal Code. It has been submitted on behalf of the petitioner that the Opposite Party No. 2 is a Xanthippe and the petitioner has been at the receiving end for all

2/4 this while. It has further been submitted that the Opposite Party No. 2 has also filed a case against the petitioner under the Domestic Violence Act.

The petitioner has been paying maintenance of Rs. 5,000/- per month to the Opposite Party No. 2. A Panchayati also was held between the spouses in which the Opposite Party No. 2 agreed that she would mend her ways. However, she did not show any improvement. Finding no other solution, the petitioner had to file divorce petition before the competent Court. That matter is still pending. Notwithstanding the differences with his spouse, the petitioner is even today ready for negotiations with his wife / Opposite Party No. 2 for alternative settlement of matrimonial dispute, preferably 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

3/4 today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife / Opposite Party No. 2, viz., Ranjita Kumari, shall be noticed and on her appearance, the court below shall explore the 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

4/4 petition stands disposed off.

(Ashutosh Kumar, J) skm/- U T