Avay Kumar Ranjan @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6049 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== AVAY KUMAR RANJAN @ GUDDU Son of Om Prakash Mehta Resident of Mohalla - Koyri Tola, Uttar Bazar, P.S.- Warsiliganj, District - Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pratibha Kumari Wife of Avay Kumar Ranjan @ Guddu Daughter of Siya Ram Prasad, Resident of Village - Bohara bigha, Bhusanda, P.S.- Mufassil, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Priya Ranjan, Adv.

For the Opposite Party/s :

Mr.APP For O.P no. 2 :

Mr. Atul Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard Mr. Krishna Prasad Singh, the learned senior counsel for the petitioner and Mr. Atul Shankar, the learned counsel for the informant / opposite party no. 2. The State is represented by the learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Mofassil P.S. Case No. 285 of 2020 instituted for the offences under Sections 341, 323, 504, 506 and 498A of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

At the outset, learned counsel for the petitioner

Patna High Court CR. MISC. No.6049 of 2021(2) dt.02-11-2021 2/3 has submitted that he is not averse to the talks of settlement with his wife/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 (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 opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be

Patna High Court CR. MISC. No.6049 of 2021(2) dt.02-11-2021 3/3 genuine, his provisional bail shall be confirmed by the Court below.

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

(Ashutosh Kumar, J) sunilkumar/- U T