Sudhir Paswan @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52960 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- DHAKA District- East Champaran ====================================================== SUDHIR PASWAN @ SUDHIR KUMAR S/o Jaimangal Paswan R/o Village- Parsa, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Reshma Kumari W/o Sudhir Paswan R/o village- Parsa, P.S.- Dhaka, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP Mr. Jagjit Roshan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 Heard Mr. Anang Mohan Sinha, learned Advocate for the petitioner and Mr. Jagjit Roshan for the O.P. No. 2. The State is represented by Mr. Md. Mushtaque Alam, learned APP.

The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Dhaka P.S. Case No. 58 of 2019 dated 12.02.2019 instituted for the offences under Sections 341, 323, 498(A), 504 and 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.52960 of 2019(7) dt.26-10-2021 2/3 It appears that vide order dated 28.02.2020, the matter was referred to the Mediation Centre, Patna High Court Legal Services Committee but due to the pandemic closure, the same could not be done. The matter has come up again for consideration.

The parties are ready for negotiations for either resumption of matrimonial life or for a one time settlement.

Considering the afore-noted aspect of this case, this Court deems it appropriate to and remits the matter to the court below.

In the event of the petitioner surrendering before the court below within a period of eight weeks, he shall be released on provisional bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties. Simultaneously, the opposite party no. 2 also shall be noticed. On the appearance of the opposite party no. 2, the court below shall provide ample

Patna High Court CR. MISC. No.52960 of 2019(7) dt.26-10-2021 3/3 opportunities to the spouses/parties to negotiate and settle the differences in an amicable manner. If the dispute is settled, the provisional bail granted to the petitioner shall be confirmed. If at all the court finds that the conduct/stand of the parties is obstructive and unreasonable that shall be taken into account for passing a final order of confirmation of provisional bail. The application stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T