Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81858 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== MANISH KUMAR Son of Manoj Kumar Choubey Resident of VillageKaitha, P.O.- Singhnan, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nikita Dubey D/o Prabhat Shankar Dubey Resident of Laluchak, P.S.- Ishakchak, District- Bhagalpur.

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

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the State :

Mr.Md. Mushtaqueem Alam For the Informant Mr. Basant Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2021 Heard Mr. Dhirendra Nath Jha, learned counsel for the petitioner, Mr. Basant Kumar Mishra, learned counsel for the informant and Mr. Md. Mushtaqueem Alam, learned counsel for State through Video Conferencing.

Learned counsel for the petitioner and learned counsel for the informant submit that matter was earlier adjourned on several dates so that the matter may be referred before the Patna High Court Mediation and Conciliation Center for mediation in between the petitioner and the opposite party no.2, who are husband and wife, but at present, due to pandemic of Covid 19, the proceeding of this Court is not functioning in physical mode in normal course, matter could not be referred. Further

Patna High Court CR. MISC. No.81858 of 2019(9) dt.22-07-2021 2/3 submission is that matter may be disposed of by allowing provisional bail to the petitioner with direction to the trial court to refer the matter before the District Medication Center, Bhagalpur for mediation and settlement of dispute between the petitioner and opposite party no.2.

In view of submissions of learned counsel for the petitioner. in the event of arrest or surrender within six weeks from today, let petitioner be enlarged on provisional bail on his furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Bhagalpur. in connection with Mahila P.S. Case no. 36 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C with further direction that the trial court will refer the matter before the District Medication Center, Bhagalpur for settlement of dispute between petitioner and opposite party no.2 within four weeks from the date of receipt of this order. The District Medication Center, Bhagalpur will submit a report within six weeks thereafter. If dispute is settled between the petitioner and opposite party no.2, trial court will confirm the provisional bail of the petitioner and if dispute is not settled between the petitioner and opposite party no.2 at the end of the petitioner, the trial court will be at liberty

Patna High Court CR. MISC. No.81858 of 2019(9) dt.22-07-2021 3/3 to cancel the bail bonds of the petitioner.

The application stands disposed of.

(Rajendra Kumar Mishra, J) s.hassan/- U T