Pankaj Bind @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67295 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== PANKAJ BIND @ PANKAJ KUMAR Son of Sunil Bind Resident of VillageJaitipur, Police Station- Chandi, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rina Devi Wife of Pankaj Bind @ Pankaj Kumar, Daughter of Amirak Bind Resident of Village- Mansa Bigha, Police Station- Hilsa, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Ram Sumiran Rai For O.P. No. 2 :

Mr. Jai Prakash Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2021 Heard Mr. Ravi Shanker Pankaj, the learned counsel for the petitioner and Mr. Jai Prakash Silngh, the learned counsel for the complainant / opposite party no. 2. The State is represented by Mr. Ram Sumiran Rai, the learned APP for the State.

The petitioner, who is the husband of the O.P. No. 2 seeks bail in anticipation of his arrest in connection with Complaint Case No. 384C of 2018 in which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. By order dated 06.02.2020, the matter was

Patna High Court CR. MISC. No.67295 of 2019(7) dt.16-12-2021 2/3 referred to the Mediation and Conciliation Center of Patna High Court for amicable settlement of dispute between the spouses but till date the mediation process has not concluded perhaps because of the pandemic closure.

Since the parties are agreeable for a settlement of matrimonial dispute, this Court deems it appropriate to direct that if the petitioner surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

Patna High Court CR. MISC. No.67295 of 2019(7) dt.16-12-2021 3/3 If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T