Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 61307 of 2019 Arising Out of PS. Case No.-1026 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== CHANDAN MAHTO Son of Bijo Mahto Resident of Village-Teghra Bind Toli, P.S.-Teghra, District-Begusarai.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Munni Devi W/o Chandan Mahto D/o Beni Mahto At Present Resident of Village-Chandpura, P.S.-Raghopur, District-Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-08-2020 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.

Petitioner apprehends arrest in connection with Complaint Case No C1 - 1026 of 2018 instituted for the offence punishable under Sections 323, 341, 498A of Indian Penal Code. Petitioner's counsel submits that the petitioner is

Patna High Court CR. MISC. No.61307 of 2019(7 ) dt.18-08-2020 2/2 willing to keep the complainant with full honour and dignity. Without going into the merits of the matter, this Court would direct the petitioner to surrender before the Court below within eight weeks from today.

In the event, the petitioner surrenders, the Court below shall enlarge the petitioner on provisional bail, to its own satisfaction, for a period of three months.

The petitioner and the complainant would have the opportunity to work out an amicable resolution of the issue. If an amicable resolution is worked out within the three months' period, petitioner would be entitled to confirmation of his provisional bail.

If, on the other hand, the issue is not resolved between the parties, the Court below, needless to say, would be well within its jurisdiction to exercise its judicial discretion and pass appropriate order which may include cancellation of the petitioner's provisional bail.

This application stands disposed of in the aforesaid terms.

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