Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67764 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Mukesh Sah Son of Late Rijhan Sah Resident of Village - Raksha Uttar Tola, P.S. - Karja, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Putul Kumari Wife of Mukesh Sah D/o Parmeshwar Sah at present Resident of Village - Gopalpur, P.S.- Sakra, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Alok Kumar Alok, learned Advocate for the petitioner and Mr. Upendra Kumar, learned APP for the State.

The petitioner, who is the husband of the opposite party no.2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 82 of 2018, Trial No. 4498 of 2018 in which cognizance has been taken under Sections 498(A) of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Despite service of notice on opposite party no. 2, there is no appearance on her behalf.

Learned counsel for the petitioner has submitted that merely because there was some differences between the spouses, this case has been

Patna High Court CR. MISC. No.67764 of 2019(5) dt.06-12-2021 2/2 lodged.

However, the petitioner is even today ready for settlement/resolution of the domestic disputes. Considering the afore-noted stand of the parties, this Court deems it appropriate to direct that in the event of the petitioner surrendering before the court below within a period of three weeks, he shall be released on provisional bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties. Simultaneously, the opposite party no. 2 also shall be noticed. On the appearance of the opposite party no. 2, the court below shall provide ample opportunities to the spouses/parties to negotiate and settle the differences in an amicable manner. If the dispute is settled, the provisional bail granted to the petitioner shall be confirmed. If at all the court finds that the conduct/stand of the parties is obstructive and unreasonable that shall be taken into account for passing a final order of confirmation of provisional bail. The application stands disposed off accordingly. (Ashutosh Kumar, J) krishna/rashid U T