Shambhu Paswan @ Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72060 of 2019 Arising Out of PS. Case No.-526 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Shambhu Paswan @ Shambhu Kumar Son of Nagina Paswan Resident of Village- Kargahar (Islampur), Police Station- Kargahar, District- Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Rupa Devi Daughter of Sheo Kumar Paswan Resident of Village- Belhar, Post Office- Budhan Road Bhadokhara, Police Station- Darigaon, DistrictRohtas. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr. Akbar Ali, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Rajani Kant Singh, learned Advocate for the petitioner and Mr. Akbar Ali, learned APP. The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 526 of 2018 in which cognizance has been taken under Sections 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
This case was referred to the Mediation Centre of Patna High Court but because of Pandemic closure,
Patna High Court CR. MISC. No.72060 of 2019(6) dt.06-12-2021 2/3 the mediation could not be concluded. The mediator has sent an intimation to this Court requesting for further extension of time.
However, in view of the categorical stand taken by the petitioner that he is ready to sit across the table and make efforts at resolving the matrimonial dispute, 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. The parties would also be at liberty to go for a one time settlement if restitution of conjugal rights does not appear to be possible. If the dispute is settled, the provisional bail
Patna High Court CR. MISC. No.72060 of 2019(6) dt.06-12-2021 3/3 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