Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71199 of 2019 Arising Out of PS. Case No.-1099 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== RAHUL KUMAR, Son of Rajendra Das @ Rajendra Kundipak Ravidas Resident of Village - Nanand, P.S.- Silav, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Kumari, Wife of Rahul Kumar Daughter of Suresh Das, Resident of Village - Nanand, P.S.- Silaw, District - Nalanda, at presently residing at Village - Raviyo, P.S.- Sirdala, District - Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhas Ranjan For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2021 Heard Mr. Prabhash Ranjan, learned advocate for the petitioner and Mr. Madhu Prasun, learned counsel for the Opposite Party No. 2. The State is represented by Mr. Nagendra Prasad, learned APP.

The petitioner, who is the husband of Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No 1099 of 2017, dated 03.10.2017, in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961

Patna High Court CR. MISC. No.71199 of 2019(4) dt.13-09-2021 2/3 It has been submitted on behalf of the petitioner that notwithstanding the differences between the spouses, he is ready for settlement of all disputes and restitution of conjugal rights.

The counsel appearing for Opposite Party No. 2 is also not averse to the same.

Considering this aspect of the matter, this Court is disposing off the present petition with a direction that in case the petitioner surrenders before the court below, he shall be released on provisional bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount to the concerned Court, in connection with Complaint Case No 1099 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Simultaneously, notice shall be issued to Opposite Party No. 2 and on her appearance, the Court shall facilitate the negotiation between the spouses / parties. In case the dispute is settled, the provisional bail

Patna High Court CR. MISC. No.71199 of 2019(4) dt.13-09-2021 3/3 granted to the petitioner shall be confirmed. If the petitioner or the Opposite Party No. 2 takes a rigid stand, that shall also be taken into account while passing the final order of confirmation. The application stands disposed off.

(Ashutosh Kumar, J) skm/- U T