Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61313 of 2019 Arising Out of PS. Case No.-495 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SANJIV KUMAR Son of Late Chandra Kishore Lal Resident of VillageChapta, P.S.-Ujiarpur, District-Samastipur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Puja Kumari Wife of Sanjiv Kumar Daughter of Diwakar Prasad Karn Resident of Village-B416, Sangam Bihar, Hamdard Nagar New Delhi, P.S.- Sangam Bihar, District-Mehrauli, New Delhi.

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

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel 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 learned counsel for the State.

Petitioner apprehends his arrest in connection with complaint case no. 495 of 2017, T.R. No.1408 of 2019 instituted for the offence under Section(s) 498A of the Indian

Patna High Court CR. MISC. No.61313 of 2019(7) dt.03-09-2020 2/3 Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Petitioner's counsel submits that he is ready for one time settlement, in the event he is allowed pre-arrest bail. Learned counsel for the State does not controvert the aforesaid fact. It is further submitted that the petitioner be put to strict terms.

Considering the submissions of the parties, this Court would direct that the petitioner should surrender before the court below i.e S.D.J.M., Dalsing Sarai, Dist. Samastipur, within a period of four (04) weeks from today in connection with Complaint Case No. 495 of 2017, T.R. No. 1408 of 2019. The Court below, upon such surrender, shall release the petitioner on provisional bail for a period of three (03) months to its own satisfaction.

The parties would have three (03) months to work out one time settlement with complainant as suggested by the petitioner's counsel for resolving the issue. In case such one time settlement or solution is not agreed to by the parties, the Court below shall re-consider the matter and pass appropriate orders in exercise of its judicial discretion, which may also include cancellation of the provisional bail. The anticipatory bail application stands disposed off in

Patna High Court CR. MISC. No.61313 of 2019(7) dt.03-09-2020 3/3 the aforesaid terms.

(Madhuresh Prasad, J) shyambihari/- U T