Patna High Court - Orders
Pappu Chaudhary @ Pappu Kumar Chaudhary vs The State Of Bihar on 10 July, 2020
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7663 of 2020
Arising Out of PS. Case No.-263 Year-2019 Thana- LALGANJ District- Vaishali
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PAPPU CHAUDHARY @ PAPPU KUMAR CHAUDHARY Son of Rajendra
Chaudhary Resident of Mohalla - Agarpur, P.S.- Lalganj, District- Vaishali
... ... Petitioner
Versus
1. The State of Bihar Bihar
2. Kajal Devi Wife of Pappu Chaudhary Resident of Mohalla - Agarpur, P.S.-
Lalganj, District- Vaishali, D/O- Ganesh Chaudhary, Presently resides at
Gudari Bazar, P.S.- Hajipur Nagar, District- Vaishali
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mrs.Bela Singh, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
For the O.P. No. 2 : Mr. Anish Chandra, Advocate
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 10-07-2020As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned counsel appearing for the informant.
Petitioner seeks bail in Lalganj PS Case No. 263 of 2019 registered under Sections 498(A), of the IPC and Sections 341, 323, 498A, 504, 506, 494/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
Learned Counsel for the petitioner submits that he is willing to reconcile the issue with his wife.
Counsel for the petitioner submits that the petitioner will Patna High Court CR. MISC. No.7663 of 2020(2) dt.10-07-2020 2/2 make all genuine efforts to reconcile the issue so that the reconciliation culminates in restoration of matrimonial harmony or one time settlement as agreed upon between the petitioner and the informant.
Learned Counsel for the informant does not object to such proposal as long as amicable settlement is reached between the parties.
In view of the said submission since terms of reconciliation has to be worked out, this Court would direct that if the petitioner surrenders in the court below, I,.e. the Court of ACJM XIV Vaishali at Hajipur within a period of four weeks from today, in connection with Lalganj PS Case No. 263 of 2019, and submits an undertaking to this effect at the time of his surrender, the court below, after issuing notice to Opposite party No. 2 (wife) will grant provisional bail to the petitioner. The parties would make attempt to work out resolution of the dispute and the matter would be reviewed by the court below after three months. This court makes it clear that if the issue is resolved amicably, the provisional bail granted to the petitioner should be confirmed. If the developments are, however otherwise, the court below would be free to pass order in exercise of its judicial discretion, including cancellation of the provisional bail granted to the petitioner.
With the aforesaid observations the application stands disposed of.
(Madhuresh Prasad, J) SNkumar/-
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