Akash Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76441 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== AKASH KUMAR PATHAK, Son of Late Bisheshwar Pathak Resident of Village - Katai Bojh, P.S.- Tiyar, Distt - Bhojpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rajni Kumari Wife of Akash Kumar Pathak Resident of Village - Katai Bojh, P.S.- Tiyar, Distt - Bhojpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the O.P. No. 2 :

Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2021 Heard learned counsel appearing on behalf of petitioner, learned counsel appearing on behalf of O.P. No.2 and learned A.P.P. for the State.

As jointly prayed by the parties that in view of the nature of allegation made in the F.I.R. in connection with Mahila P.S. Case No. 42 of 2019, dated 01.04.2019 under Section 341, 323, 379, 504, 506 and 498(A)/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act, both the parties wants to arrive at some amicable settlement. Considering the aforesaid stand of the petitioner, this Court directs that if the petitioner surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail on such conditions, which the learned Court

Patna High Court CR. MISC. No.76441 of 2019(4) dt.01-11-2021 2/2 below deems it fit in accordance with law. Simultaneously, his wife/complainant/O.P. 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 the complainant/O.P. 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 complainant/O.P. 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 below. With the aforesaid observation/direction, the application stands disposed off.

(Purnendu Singh, J) manish/- U T