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Patna High CourtCR. MISC./76606/2019disposed

Arun Kumar @ Sonu v. The State Of Bihar

2021-12-06Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76606 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== ARUN KUMAR @ SONU Son of Sri Ram Parvesh Pandit Resident of Village- Bedauli, P.S.- Sakurabad, District- Jehanabad, Bihar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Smt. Kavita Kumari Daughter of Sri Akhilesh Pandit, Wife of Sri Arun Kumar Pandit @ Sonu Kumar Resident of Village- Chiksaura, P.S.- Sakurabad, District- Jehanabad.

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

For the Petitioner/s :

Mr.Ranjeet Tiwary For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== 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 seeks bail in anticipation of his arrest in connection with Jehanabad (Mahila) P.S. Case No. 51 of 2019 instituted for the offences under Sections 498A, 323, 313 and 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

By order dated 14.02.2020, this case was sent to the Mediation and Conciliation Centre of Patna High Court for amicable resolution of dispute between the parties but because of the pandemic closure, the mediation could not

Patna High Court CR. MISC. No.76606 of 2019(3) dt.06-12-2021 2/3 commence.

The petitioner is still ready and willing to keep his wife (opposite party no. 2) with honour and dignity. Considering the aforesaid stand of the petitioner, this Court directs that if he 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.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court

Patna High Court CR. MISC. No.76606 of 2019(3) dt.06-12-2021 3/3 below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T