Manish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70963 of 2019 Arising Out of PS. Case No.-31 Year-2017 Thana- PIPRIYA District- Lakhisarai ====================================================== MANISH RAI Son of Vinod Rai @ Vinod Mahato Resident of Village - Fatehpur, P.S.- Singhoul, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naina Devi Wife of Manish Rai, D/O - Late Uma Shankar Rai Resident of Village - Basouna Pipariya, P.S.- Pipariya, District- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary, Adv.

For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-07-2020 Heard learned counsel appearing for petitioner as well as learned Additional Public Prosecutor appearing for State through video conferencing.

Petitioner apprehends his arrest in connection with Papariya P.S. Case No.31/2017 registered for the offences punishable under Sections 498A, 494, 323, 504, 506 of the IPC. The petitioner happens to be husband of opposite party no.2 and there appears to be matrimonial dispute between the parties. No doubt, opposite party no.2 alleges that petitioner used to torture her and petitioner has solemnized second marriage, but both the learned counsels appearing for their respective parties submit that the dispute of the parties may be

Patna High Court CR. MISC. No.70963 of 2019(3) dt.10-07-2020 2/3 referred to Mediation Center so that parties could resolve their dispute by way of one time settlement.

In view of the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of with direction to petitioner to surrender before the court below within eight weeks from the date of receipt/production of copy of this order to the concerned court and if petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of three months on furnishing bail bonds of rupees ten thousand with two sureties of the like amount each to the satisfaction of the concerned court and furthermore, the learned court below on the day of his release on provisional bail shall issue a notice to opposite party no.2, fixing a date for reconciliation and shall take all efforts to resolve the dispute of the parties within the above stated period of three months.

However, it is made clear that if the learned court below fails in his attempt due to non-cooperative and rigid approach of the petitioner or due to solemnization of second marriage of the petitioner, the learned court below shall not confirm the order of provisional bail but if learned court below fails in his attempt due to non-cooperative and rigid approach of opposite party no.

Patna High Court CR. MISC. No.70963 of 2019(3) dt.10-07-2020 3/3 not solemnized his second marriage, the court shall pass an order of confirmation of provisional bail of the petitioner. It goes without showing that if the concerned court succeeds in his attempt, the court below shall not only pass order of confirmation of provisional bail of the petitioner but also take all effective steps for disposal of the Papariya P.S. Case No.31/2017 after recording the statements of the parties. (Hemant Kumar Srivastava, J) Prakash Narayan /- U T