Anuj Ram @ Mithilesh Ram v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13067 of 2021 Arising Out of PS. Case No.-1197 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Anuj Ram @ Mithilesh Ram, aged about 36 years, male, S/o Sheo Nath Ram, Resident of Village- Balia, P.S.- Maharajganj, District- Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Anju Devi, aged about 33 years, female, W/o Anuj Ram @ Mithilesh Ram, R/o Vill.- Balia, P.S.- Maharajganj, District- Siwan, At Present R/o VillageSadar, P.S.- Barauli, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Prasad, Adv.
For the Opposite Party/s :
Ms. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard Mr. Naresh Prasad, the learned counsel for the petitioner and Ms. Sahin Begum, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1197 of 2018 in which cognizance has been taken against him for the
Patna High Court CR. MISC. No.13067 of 2021(2) dt.24-12-2021 2/3 offence under Section 498(A) of the Indian Penal Code. The petitioner is the husband of the complaint/opposite party No. 2.
At the outset, the learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife (complainant/opposite party No. 2), provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights. Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of six weeks from today, he shall be released on provisional bail. Simultaneously, his wife (complainant/opposite party 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/opposite party No. 2 to her matrimonial home.
The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties
Patna High Court CR. MISC. No.13067 of 2021(2) dt.24-12-2021 3/3 or in the event of the complainant/opposite party 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.
(Ashutosh Kumar, J) Praveen-II/- U T