Gangaram Paraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60784 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- BAUNSI District- Banka ====================================================== GANGARAM PARAIYA, Son of Ranju Paraiya Resident of Village - Jhapaniya, P.S. - Bounsi, District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Daizy Kumari Wife of Gangaram Paraiya Daughter of Sri Sukhdeo Mandal, Resident of Village - Rajoun Kala, P.S.- Pathargama, District - Godda (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha- Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-10-2021 Heard Mr. Ranjan Kumar Jha, the learned Advocate for the petitioner, Mr. Dhananjay Kumar Pandey, the learned Advocate for the opposite party no.2 and Mr. Tarkeshwar Nath Thakur, the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bounsi P. S. Case No.92 of 2019, instituted for the offences under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the D.P. Act. The matter was referred to the Mediation Centre for an amicable settlement of dispute between the spouses. However, as ill-luck would have it, the mediation process

Patna High Court CR. MISC. No.60784 of 2019(5) dt.05-10-2021 2/3 could not commence because of the Pandemic closure. The parties are ready for negotiations for an amicable settlement of dispute.

Initially, the learned Advocate for the opposite party no.2 insisted that a time be given to the Mediation Centre for concluding the mediation between the spouses. However, he later relented and agreed for the matter to be referred to the Court below which is now functioning properly.

Keeping in mind the aforesaid submission on behalf of the parties, it is directed that 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/- (Rupees Ten Thousand) with two sureties. Simultaneously, the notice shall be issued to opposite party no.2. On her appearance, the Court below shall provide the platform for negotiations between the spouses. 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 either of the parties is unreasonable that shall also be taken

Patna High Court CR. MISC. No.60784 of 2019(5) dt.05-10-2021 3/3 into account before passing a final order regarding confirmation of provisional bail.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) vikash/- U T