Nikesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2733 of 2021 Arising Out of PS. Case No.-60 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== NIKESH KUMAR SINHA, S/o Nirbhay Kumar Sinha R/o Village- Dandi Bagh, Road No. 8, P.S.- Bishnupad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2021 Heard Mr. Manoj Kumar Pandey, the learned counsel for the petitioner and Humayou Ahmad Khan, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mahila P. S. Case No. 60 of 2020, instituted for the offences under Sections 498 A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The petitioner is the husband of the informant and is ready for settlement of matrimonial dispute, provided she is aggreable for the same.

Notwithstanding the differences with his spouse,

Patna High Court CR. MISC. No.2733 of 2021(2) dt.20-07-2021 2/3 the petitioner is even today ready for negotiations with his wife for settlement of matrimonial dispute and return of the informant to her matrimonial home and if the aforesaid proposal of the petitioner is not acceptable to the informant, 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, viz., Saneha Verma 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.

Patna High Court CR. MISC. No.2733 of 2021(2) dt.20-07-2021 3/3 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 the informant, 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