Mithilesh Mandal @ Mithilesh Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57589 of 2019 Arising Out of PS. Case No.-38 Year-2017 Thana- ANTICHAK District- Bhagalpur ====================================================== 1.

MITHILESH MANDAL @ MITHILESH MODI Son of Late Bijay Mandal Resident of Village- Bhawanipur, Police Station- Antichak, DistrictBhagalpur. 2.

Kartik Panjiyara @ Kartik Mandal Son of Late Matuki Panjiyara Resident of Village- Bhawanipur, Police Station- Antichak, District- Bhagalpur. 3.

Gyanu Devi Wife of Kartik Panjiyara @ Kartik Mandal Resident of VillageBhawanipur, Police Station- Antichak, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Anita Devi Son of Mithilesh Mandal @ Mithilesh Modi Resident of VillageBhawanipur, Police Station- Antichak, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP Mr. Tarun Prasad Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-11-2021 Heard Mr. Praveen Kumar, learned Advocate for the petitioners and Mr. Tarun Prasad Mandal for the opposite party no. 2/informant. The State is represented by Mr. Atul Chandra, learned APP.

The petitioners are the husband, sister-in-law and brother-in-law respectively of the opposite party no. 2.

They seek bail in anticipation of their arrest in connection with Antichak P.S. Case No. 38 of 2017 dated 03.07.2017 instituted for the offences under

Patna High Court CR. MISC. No.57589 of 2019(8) dt.01-11-2021 2/3 Sections 147, 323, 498-A, 120B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. In view of the fact that it was a family dispute where there was a chance of resolution, the petitioners were granted interim reprieve. Later, the matter was sent to the mediation centre, Patna High Court for effective resolution. However, no mediation could be conducted during the pandemic closure.

Today, the learned counsel for the parties are agreeable that the matter be referred to the court below. The parties are ready to sit across the table and negotiate for either resumption of matrimonial life or for a one time settlement/amicable resolution of matrimonial disputes.

In view of the aforesaid parties, it is directed that in the event of the petitioners surrendering before the court below within a period of eight weeks, they shall be granted provisional bail and simultaneously notice shall be issued to opposite party no. 2. On appearance of opposite party no. 2, the court will explore the possibilities of a one-time settlement between the spouses and ending of all matrimonial disputes thereafter. If the dispute is amicably settled, the provisional bail granted to the petitioner shall be confirmed. However, if the court finds that the stand of

Patna High Court CR. MISC. No.57589 of 2019(8) dt.01-11-2021 3/3 either of the parties is unreasonable, such fact shall be taken into account before taking a decision regarding confirmation of the provisional bail of the petitioner. The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T