The High Court granted anticipatory bail to the petitioner in a case under Sections 498A and 379 IPC. The court directed the lower tribunal to refer the matrimonial dispute to the District Mediation Centre for amicable settlement.
Petitioner released on bail upon arrest or surrender. Case referred to District Mediation Centre.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76620 of 2019
Arising Out of PS. Case No.-979 Year-2014 Thana- SARAN COMPLAINT CASE DistrictSaran
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SHAILENDRA KUMAR SHARMA S/o Deo Lal Sharma R/o villageSaraiya Ratnakar, P.S.- Taraiya, District- Saran
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate For the Opposite Party/s : Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 18-12-2019 Heard counsel for the petitioner and counsel
appearing on behalf of the State and the opposite party no.2.
The petitioner is apprehending arrest in connection with Complaint Case No. 979 of 2014, Trial No. 1640 of 2017 for offences under Sections 498A, 379 of the Indian Penal Code.
Vide order dated 27.11.2019 notice was issued to opposite party No. 2 who has appeared through his counsel.
Learned counsel for the opposite party No. 2 submits that the matter may be referred to mediation.
Considering the fact that the petitioner is husband and opposite party no. 2 is wife, there is possibility of
Patna High Court CR. MISC. No.76620 of 2019(3) dt.18-12-2019 2/2
restoration of normal conjugal life, the court is inclined to grant bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Saran at Chapra in connection with Complaint Case No. 979 of 2014, Trial No. 1640 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.
After release of the petitioner, the court below is directed to refer the matter to the District Mediation Centre so that the dispute between the husband and wife may be amicably settled.
(Anil Kumar Upadhyay, J)
spandey/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 438 Cr.P.C. apprehending arrest for offences under Sections 498A and 379 IPC.
Whether the matter between the husband and wife should be referred to mediation.
1 provisions across 1 enactments
Shailendra Kumar Sharma
The State of Bihar
Chanda Devi
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
