Bishujeet Kumar @ Vishwajeet Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43 of 2023 Arising Out of PS. Case No.-55 Year-2019 Thana- MAHILA P.S. District- Munger ====================================================== BISHUJEET KUMAR @ VISHWAJEET SAO S/o Late Kailash Saw @ Late Kailu Sao R/o Village- Mednichawki P.S.- Mednichawki, Distt- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanda Devi, W/o Vishujeet Kumar @ Vishwajeet Sao, D/o Krishananand Sao @ Karelal Sao R/o Bauk Tola Farda, P.S.- Naya Ram Nagar, DisttMunger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Diwakar Sinha, Advocate For the State :

Ms. Shaheen Begum, APP For Opposite Party No.2 :

Mr. Deep Nishi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the opposite party no. 2.

Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 55 of 2019, instituted for the offence under Sections 498A, 494 and 504 of the Indian Penal Code (for brevity 'IPC') and Section 3/4 of Dowry Prohibition Act (for brevity 'D.P. Act").

Learned counsel for the petitioner submits that petitioner is willing to reconcile the issue with his wife. It is further submitted that the petitioner will make all genuine efforts to reconcile the issue so that the reconciliation culminates in

Patna High Court CR. MISC. No.43 of 2023(4) dt.23-05-2023 2/3 restoration of matrimonial harmony or one time settlement as may be agreed upon between the petitioner and the opposite party No. 2.

Learned counsel for the Opposite Party No. 2 does not object to such proposal as long as amicable settlement is reached between the parties. It is further submitted that the petitioner be put to strict terms.

In view of the nature of allegation, the long period of subsisting marriage between the parties and the fact that since terms of reconciliation has to be worked out, this Court would direct that if the petitioner surrenders in the court below, i.e., the court of learned Sub-Divisional Judicial Magistrate, Munger, within a period of four weeks from today, in connection with Mahila P.S. Case No. 55 of 2019, and submits an undertaking to this effect at the time of his surrender, the court below, after issuing notice to Opposite party No. 2 will grant provisional bail to the petitioner for a period of three months. The parties would make attempt to work out an amiable resolution of the dispute and the matter would be reviewed by the court below after three

(3) months. This Court makes it clear that if the issue is resolved amicably, the provisional bail granted to the petitioner should be confirmed. If the developments are, however otherwise, the

Patna High Court CR. MISC. No.43 of 2023(4) dt.23-05-2023 3/3 court below would be free to pass orders in exercise of its judicial discretion, including cancellation of the provisional bail granted to the petitioner.

With the aforesaid observations the application stands disposed of.

(Madhuresh Prasad, J) Shashank/ gaurav.sU T