Gunjan Mandal @ Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72765 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- ANTICHAK District- Bhagalpur ====================================================== Gunjan Mandal @ Gunjan Kumar Son of Late Diwakar Mandal Resident of Village- Oriyap, P.S.- Antichak, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bhagwat Modi S/o Late Ram Modi Resident of Village- Birnaudh, P.S.- Goradih, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Deepak Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, Advocate Mr. Vivekanand Vivek, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Deepak Kumar Sinha, learned Advocate for the petitioner and Mr. Vivekanand Vivek, for the opposite party no. 2. The State is represented by Mr. Yogendra Kumar Singh, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Antichak P.S. Case No. 74 of 2018 dated 02.11.2018 instituted for the offences under Sections 498A/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The petitioner is ready to settle the matrimonial dispute and keep his wife with due dignity and honour, provided she is agreeable for the same. However, in view of the categorical stand taken by the petitioner that he is ready to sit across the

Patna High Court CR. MISC. No.72765 of 2019(4) dt.06-12-2021 2/2 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 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