Vikash Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75290 of 2019 Arising Out of PS. Case No.-886 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== VIKASH MEHTA Son of Jashraj Mehta Resident of Village - Kurwa Laxmipur, Ward No. 14, P.S.- Simraha, Distt - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Karishma Devi Wife of Vikesh Mehta, D/o Bhimshankar Mehta Resident of Village - Kurwa Laxmipur, Ward No. 14, P.S.- Simraha, Distt - Araria, At present resident of Village - Dumariya, P.S.- Narpatganj, Distt - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 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 Forbesganj (Simraha) P.S. Case No. 886 of 2017 (G.R. No. 3715 of 2017) instituted for the offences under Sections 498(A) and 328/34 of the Indian Penal Code.

At the outset, the learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife/opposite party No. 2, provided she is agreeable for the same. He also wants a rapprochement

Patna High Court CR. MISC. No.75290 of 2019(6) dt.26-10-2021 2/3 and perhaps restitution of conjugal rights.

Earlier, by order dated 04.02.2020, the matter was referred to the Patna High Court Mediation and Conciliation Center for an amicable settlement of dispute between the parties but as ill luck would have it, the mediation could not be done.

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

Patna High Court CR. MISC. No.75290 of 2019(6) dt.26-10-2021 3/3 cause.

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