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Patna High CourtCR. MISC./54865/2022disposed

Deepak Kumar Kushwaha @ Deepak Kumar v. The State Of Bihar

2023-02-10Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54865 of 2022 Arising Out of PS. Case No.-306 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== DEEPAK KUMAR KUSHWAHA @ DEEPAK KUMAR Son of Sukhala Mahto R/V- Kadamwa, Bhagatiya Tola, P.S- Ghorasahan, Dist- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rima Devi Wife of Deepak Kumar R/V- Kadamwa, Bhagatiya Tola, P.SGhorasahan, Dist- East Champaran, presently R.V- Athmuhan P.sJharokhar, Dist- East champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh For the Informant : Mr.Jitendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 306/2022 registered for the offences punishable under Sections 341, 323, 498-A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The petitioner is husband of Opposite Party No. 2 and both parties are ready to settle the dispute Without going into the merits of the matter, let the petitioner above named be released on provisional bail for a

Patna High Court CR. MISC. No.54865 of 2022(3) dt.10-02-2023 2/3 period of six months on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahna at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 306/2022.

The concerned court is directed to make suitable effort for the purpose of conciliation between the parties. The petitioner and the Opposite Party No.2 would have the opportunity to work out an amicable resolution of the issue.

If an amicable resolution is worked out within six months, petitioner would be entitled to confirmation of his provisional bail.

If the petitioner co-operates in the process of mediation or conciliation then the provisional bail of the petitioner shall be confirmed by the concerned court itself. If the attitude of complainant/opposite party No.2 is not found positive in that situation the provisional bail of the petitioner shall be confirmed by learned trial court itself. If, on the other hand, the issue is not resolved between the parties, the concerned court, needless to say, would be well within its jurisdiction to exercise its judicial discretion and pass

Patna High Court CR. MISC. No.54865 of 2022(3) dt.10-02-2023 3/3 appropriate orders, which may include cancellation of the petitioner's provisional bail.

This application stands disposed of in the aforesaid terms.

(Alok Kumar Pandey, J) amitkumar/- U T