Shiv Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21188 of 2014 Arising Out of PS.Case No. -101 Year- 2008 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Shiv Kumar Son of Deo Nath Rai resident of Village - Harpur Nand, P.S. - Nayagaon, District - Sarana at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajan Devi wife of Shiv Kumar and daughter of Rupan Rai Resident of Village - Sahar Diara, P.S. - Sonpur, Distt. - Saran at Chhapra. .... .... Opposite Parties.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and learned counsel, appearing for opposite party No. 2.

The petitioner, being husband of the complainant apprehends his arrest in connection with Complaint Case No. 101- (C) of 2008 in which, cognizance for the offence under Section498A Indian Penal Code has been taken. At the very outset, it is pointed out by learned counsel, appearing for opposite party No. 2 that Cr. Misc. No. 8548 of 2012 had been filed by the petitioner for quashing the order of issuance of summons before this court and this court sent the matter to Mediation Centre, Patna High Court, Patna for conciliation but the aforesaid conciliation could not take its shape. Learned counsel, appearing for the petitioner submits

Patna High Court Cr.Misc. No.21188 of 2014 (5) dt.24-12-2014 2/2 that the petitioner is ready to enter into one time settlement with the opposite party No. 2.

In view of the aforesaid submissions as well as facts of the case, this petition stands disposed off with direction to Sri Santosh Kumar Gupta, J.M. Ist Class, Patna or his successor to issue notice to the petitioner and opposite party No. 2, fixing the date for conciliation and explore the possibilities of settlement between the petitioner and opposite party No. 2 within three months from the date of receipt/production of copy of this order. It is made clear that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner by this court vide order dated 15-05-2014 shall be confirmed by the learned court below itself but if, the learned court below fails in his attempt, the provisional bail granted to the petitioner shall not be confirmed and then, the learned court below shall proceed in accordance with law.

(Hemant Kumar Srivastava, J) A.K.V./- U T