Sujit Kumar @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61613 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== SUJIT KUMAR @ SUMIT KUMAR Son of Lakhan Lal @ Pal Resident of Village - Manoharpur, P.S.- Nath nagar, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Kumari D/o Sri Lakhanlal Chaurasia, Resident of Village - and P.O. - Bharamarpur, P.S.- Bihpur, Dist.- Bhagalpur.

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin For the Complainant :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner, complainant and the learned APP for State.

Petitioner apprehends arrest in connection with complaint case no. 392 of 2018 instituted for the offence under

Patna High Court CR. MISC. No.61613 of 2019(6) dt.02-07-2020 2/3 Section(s) 498A, 323,504 and 379 of the Indian Penal Code. From the order sheet it appears that on 27.2.2020 parties have jointly submitted that they are not agreeable to live together but, there is a chance of one time settlement by payment of agreed amount between the parties. The counsel for the opposite party no.2 submits that at least opposite party no.2 would be entitled to the amounts which have been disclosed in the complaint petition. Apart from other claim that she may be permitted to raise. The issue, therefore, is whether the parties would arrive at one time settlement or not. In view of the aforesaid submissions, this Court would direct the petitioner to surrender before the Court below i.e. J.M.

1st Class, Naugachia within a period of six weeks from today in connection with Complaint Case No. 392 of 2018. Upon his surrender, the Court below shall release the petitioner on provisional bail to its own satisfaction for a period of three months. The parties would be at liberty to work out one time settlement as suggested by the petitioner's counsel for resolving the issue. If a settlement is arrived at between the parties, provisional bail be confirmed.

Patna High Court CR. MISC. No.61613 of 2019(6) dt.02-07-2020 3/3 its judicial discretion which may also include cancellation of the provisional bail.

The application stands disposed off in the aforesaid terms..

(Madhuresh Prasad, J) shyambihari/- U T