Upendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 87223 of 2019 Arising out of P.S. Case No.-991 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran =============================================== UPENDRA DAS S/O Ramlal Das R/O Pokhraira, P.S. Saraiya opposite Party Dwajaitpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Chanda Kumari W/O Upendra Das D/O Lalbabu Das R/o Barharwa Kala (West) Tola Aadiya, P.S. Kotwa District - East Champaran.

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

For the Petitioner/s : Mr.Patanjali Rishi, Advocate For the Opposite Party/s: Mr. Binod Kumar, APP =============================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. C-991 of 2019, registered for the offence punishable under Sections 498A, 323 and 406 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Petitioner happens to be the husband of Opposite Party No. 2 and it is submitted on his behalf that he is still ready to settle the dispute with Opposite Party No. 2.

Patna High Court CR. MISC. No.87223 of 2019(2) dt.14-02-2020 2/3 Learned counsel appearing for the Opposite Party No. 2 submits that Opposite Party No. 2 is also ready to settle dispute with petitioner.

In view of the aforesaid submissions, this anticipatory bail application stands disposed off with direction to petitioner and Opposite Party No. 2 to appear before the learned court below in person on 17.03.2020 and on appearance of the parties the learned court below shall explore the possibilities of reconciliation of dispute of the parties. However, it is made clear that on appearance of the petitioner, the learned court below shall release the petitioner on provisional bail for reasonable period. The amount of bail bonds shall be fixed by the learned court below itself. Furthermore, it is also made clear that if reconciliation proceeding fails due to rigid or non-cooperative approach of Opposite Party No.

Patna High Court CR. MISC. No.87223 of 2019(2) dt.14-02-2020 3/3 petitioner without being prejudiced to the previous proceeding as well as observations given by this Court in this order. It is needless to say that if the learned Court below succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed. It is also made clear that if the learned court below succeeds in his attempt, in that circumstance, the learned Court below shall proceed to dispose of the case after recording the statements of the parties without any delay.

(Hemant Kumar Srivastava, J) Vikash/- U T