Arun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 60757 of 2019 Arising Out of PS. Case No.-1024 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ARUN SAH Son of Shiv Nandan Sah Resient of Village- Shivnandanpur, Post Sultanganj, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi D/o Anup Gupta @ Anup Sah R/o Village- Sahabad, PostSultanganj, P.S.- Sultanganj, District- Bhagalpur. ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-09-2020 As of now, the Courts have not resumed normal physical hearing. 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 with the aid of audio visual technology.

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

In spite of repeated adjournments, learned counsel for the complainant has again not joined the Virtual Court Proceedings today.

Petitioner's counsel submits that from the order of rejection of bail by the Court below, it is apparent that at some

Patna High Court CR. MISC. No.60757 of 2019(8) dt.16-09-2020 2/2 time, the complainant was in fact residing with the petitioner. Second marriage has also been solemnized with her consent. In the circumstances, it is submitted that there is chance of amicable settlement with the complainant.

The petitioner, in the circumstances, may surrender before the Court blow within four weeks from today. The Court below shall allow the petitioner the benefit of provisional bail for a period of three months so that an amicable resolution of the dispute is arrived at. In the event, issue is not resolved between the petitioner and complainant within three months' period, it is needless to say that the Court below would be at liberty to exercise its judicial discretion to pass orders in the matter, which include cancellation of bail.

With the above observations/directions, this application stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U T