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Patna High CourtCR. MISC./4950/2021disposed

Sanjeev Pandey @ Sanjiv Pande v. The State Of Bihar

2021-08-05Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4950 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- MAHILA P.S. District- Sheohar ====================================================== Sanjeev Pandey @ Sanjiv Pande, Son of Rampravesh Pande, Resident of Village and Post - Chamanpur, Police Station - Sheohar, District - Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rani Devi, Wife of Sanjeev Pandey, Daughter of Shri Ravindra Kumar Singh, Resident of Panchwati Colony, House No. 117, Near Mahavir Mandir, East Gola Road, Bailey Road, Danapur Cantt., Police Station - Rupaspur, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sriram Krishna, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-08-2021 Heard Mr. Sriram Krishna, the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Sheohar Mahila P.S. Case No. 25 of 2020, dated 07.07.2020, instituted for the offences under Sections 323, 341, 504, 498(A) and 494/34 of the Indian

Patna High Court CR. MISC. No.4950 of 2021(2) dt.05-08-2021 2/3 Penal Code.

At the outset, the learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife/informant/opposite party No. 2, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

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 (informant/opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of the informant/opposite party No. 2 to her matrimonial home. The provisional bail of the petitioner shall be confirmed only on the settlement of dispute between the parties or in the event of the informant/opposite party No. 2 deliberately choosing not to settle the dispute without any

Patna High Court CR. MISC. No.4950 of 2021(2) dt.05-08-2021 3/3 appropriate cause.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court below.

With the aforesaid observation/direction, the application stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- U T