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Patna High CourtCR. MISC./75878/2019disposed

Meghan Sahni @ Meghnath Sahni v. The State Of Bihar

2021-12-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75878 of 2019 Arising Out of PS. Case No.-1117 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MEGHAN SAHNI @ MEGHNATH SAHNI Son of Rajo Sahani Resident of Village- Jinpur, Ward No. 10, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Asha Devi Wife of Meghan Mahto Resident of Village- Jinpur, Ward No. 10, P.S.- Birpur, District- Begusarai, presently residing at daughter of Ram Chander Sahni, resident of Village- Manopur, P.S.- Bhagwanpur, DistrictBegusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP Mr. Sunil Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard Mr. Sandip Kumar Gautam, learned Advocate for the petitioner and Mr. Sunil Kumar Yadav for the opposite party no. 2. The State is represented by Mr. Md. Ataur Rahman, learned APP for the State. The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 1117C of 2019 in which cognizance has been taken under Sections 341, 323, 498(A) and 504 of the Indian Penal Code. The matter was referred to the mediation centre for the resolution of the matrimonial dispute between the spouses and the families but because of the

Patna High Court CR. MISC. No.75878 of 2019(5) dt.21-12-2021 2/3 Pandemic closure, the mediation process could not commence.

A request has been made by the mediator to extend the time for such mediation.

However, this Court under the circumstances deems it appropriate that the records of this case be recalled from the mediation centre and the case be referred to the court below for an effective mediation between the parties under the aegis and supervision of the court.

The learned counsel for the petitioner has submitted that he is ready for settlement of all disputes which can be mutually agreed upon after negotiations. The learned counsel for opposite party no. 2 is also desirous that such negotiations take place and the issues are resolved.

Considering this stand of the parties, it is directed that in case the petitioner surrenders before the court below within a period of six weeks, he shall be released on provisional bail subject to the satisfaction of the court below. Simultaneously, the opposite party no. 2 shall be noticed. On her appearance, ample opportunity shall be provided to the parties for negotiating the terms of settlement. Any settlement has to be mutually acceptable terms. If the parties agree and

Patna High Court CR. MISC. No.75878 of 2019(5) dt.21-12-2021 3/3 decide to resolve the issue, the provisional bail granted to the petitioner shall be confirmed or else the law will take its own course.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T