← Library
Patna High CourtCR. MISC./86162/2019disposed

Anil Sharma v. The State Of Bihar

2021-11-01Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86162 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== ANIL SHARMA Son of Gayatri Sharma Resident of Village- Goragaw, P.S.- Bhagwanpur, Distt- Kaimur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Punam Devi D/o Madan Sharma Resident of Village- Upari, P.S.- Ramgarh, Distt- Kaimur.

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

For the Petitioner/s :

Mr. Ranjay Kumar Patel, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP Mr. Nalin Bilochan Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-11-2021 Heard Mr. Ranjay Kumar Patel, learned Advocate for the petitioner and Mr. Nalin Bilochan Tiwary for the opposite party no. 2. The State is represented by Mr. Madan Kumar, learned APP.

The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Mahila Bhabua P.S. Case No. 15 of 2019 dated 04.03.2019 which has been insituted under Sections 498(A), 494 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.86162 of 2019(15) dt.01-11-2021 2/3 The matter was sent to the mediation centre, Patna High Court for effective resolution. However, no mediation could be conducted during the pandemic closure.

Today, the learned counsel for the parties are agreeable that the matter be referred to the court below. The parties are ready to sit across the table and negotiate for either resumption of matrimonial life or for a one time settlement/amicable resolution of matrimonial disputes.

In view of the aforesaid parties, it is directed that in the event of the petitioners surrendering before the court below within a period of eight weeks, they shall be granted provisional bail and simultaneously notice shall be issued to opposite party no. 2. On appearance of opposite party no. 2, the court will explore the possibilities of a one-time settlement between the spouses and ending of all matrimonial disputes thereafter. If the dispute is amicably settled, the

Patna High Court CR. MISC. No.86162 of 2019(15) dt.01-11-2021 3/3 provisional bail granted to the petitioner shall be confirmed. However, if the court finds that the stand of either of the parties is unreasonable, such fact shall be taken into account before taking a decision regarding confirmation of the provisional bail of the petitioner. The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T