Satrudhan Sahni @ Satrudhan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67499 of 2019 Arising Out of PS. Case No.-412 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== SATRUDHAN SAHNI @ SATRUDHAN SAHANI Son of Shivnand Sahani @ Shiv Nandan Sahani Resident of Village - Dhemal Gachh, P.S.- Galgalia, District - Kishanganj.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Manju Devi Wife of Satrudhan Sahni @ Satrudhan Sahani D/o Suresh Sahani, Resident of Village - Dhemalgachh, P.S.- Galgalia, District - Kishanganj.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner, who is the husband of opposite party no. 2 seeks bail in anticipation of his arrest in connection with C. 412/18 in which cognizance has been taken under Section 498(A) the Indian Penal Code. By order dated 07.11.2019, notice was issued to the opposite party no. 2 and the petitioner was granted provisional bail.
It appears that later, on 05.03.2020, this case was sent to the Mediation and Conciliation Centre of
Patna High Court CR. MISC. No.67499 of 2019(4) dt.06-12-2021 2/3 Patna High Court for amicable resolution of dispute between the parties. Because of the pandemic closure, the mediation could not commence.
The petitioner maintains that he is ready for negotiations for settlement of matrimonial dispute. Under the aforesaid circumstances, this Court directs 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.67499 of 2019(4) dt.06-12-2021 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