Guddu Kumar @ Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60593 of 2019 Arising Out of PS. Case No.-232 Year-2017 Thana- RIGA District- Sitamarhi ====================================================== Guddu Kumar @ Guddu Singh, aged about 21 years, male, S/o Rajnarayan Singh, resident of Village- Chainpura, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rekha Kumari, aged about 19 years, female, W/o Guddu Singh, D/o Gaurishankar Mahto, resident of Village- Rupauli, Koyali, P.S.- Bathnaha, District- Sitamarhi.

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the O.P. No. 2 :

Mr. Santosh Kumar, Adv.

For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-10-2021 Heard Mr. Virendra Kumar, the learned Advocate for the petitioner and Mr. Santosh Kumar, 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 Riga P.S. Case No. 232 of 2017,

Patna High Court CR. MISC. No.60593 of 2019(8) dt.22-10-2021 2/3 dated 08.08.2017, instituted for the offences under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The learned counsel for the informant/opposite party No. 2 has submitted that except for his being given Vakalatnama on behalf of the opposite party No. 2, no instructions have been given to him to contest this case. On the other hand, the learned counsel for the petitioner has submitted that notwithstanding the feud between him and his wife, he is ready for settling the differences with his wife/opposite party No. 2 and resuming the matrimonial life, provided she is agreeable for the same. Considering the aforesaid circumstances and the 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. Simultaneously, 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

Patna High Court CR. MISC. No.60593 of 2019(8) dt.22-10-2021 3/3 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 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 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