Barun Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9619 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Barun Kumar Mandal, S/o Narayan Mandal, resident of Village- Leti, Police Station- Sikti, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner, informant and A.P.P. for the State.

The Petitioner seeks bail in Sikti P.S. Case No. 192 of 2016 instituted for the offence under Section(s) 498A, 379, 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the informant/wife is mentally ill and therefore, it will be difficult for him to live with her.

It has been submitted on behalf of the informant that informant/wife is ready to live with the petitioner. It has further been submitted that if the petitioner/husband does not want to keep her, he should take steps for one time settlement. In such circumstance, this Court feels that for

Patna High Court Cr.Misc. No.9619 of 2017 (2) dt.11-04-2017 2/3 arriving at amicable settlement, both the parties should be given one chance to get their issue resolved amicably. Hence, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on provisional bail for three months on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Sikti P.S. Case No. 192 of 2016, G.R. No. 4189 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner, after release from custody will take steps either to keep his wife with full dignity and honour or for one time settlement and will inform the Court below within a period of one month from his release about the steps taken by him and the Court below will monitor the progress in the matter by calling both of them every month and in the event the Court below come to the conclusion that amicable settlement has been reached between the parties, the provisional bail of the petitioner will be confirmed by Court below after three months.

It is made clear that in the event the Court below finds that the matter could not be resolved on account of non-cooperative attitude of the petitioner/husband then the provisional bail granted to the petitioner will be cancelled by the

Patna High Court Cr.Misc. No.9619 of 2017 (2) dt.11-04-2017 3/3 Court below.

(Sanjay Priya, J) Shageer/- U T