This oral order granted provisional anticipatory bail to a husband accused of matrimonial offenses, conditioned on his surrender and successful negotiation of a settlement via the lower court within six weeks.
Provisional bail granted if petitioner surrenders within six weeks for resolution of dispute by lower court.
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.16554 of 2021
Arising Out of PS. Case No.-605 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger
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BIPIN KUMAR SHARMA S/o Awdhesh Sharma R/o village- Khawaspur Milik, P.S.- Pirpati, Distt.- Bhagalpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kumar Kamal Nayan For the Opposite Party/s : Mr. APP For O.P. No. 2 : Mr. Krishna Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
The petitioner who is the husband of O.P. No. 2
seeks bail in anticipation of his arrest in connection with
Complaint Case No. 605C/2019 in which cognizance has been taken under Sections 323, 498(A), 418, 420, 406, 504, 120(B)/34 of the Indian Penal Code.
The O.P. No. 2 was initially not ready for any
negotiation for settling the matrimonial dispute as according
to her the petitioner has married her despite the subsistence
of his marriage with another person.
Patna High Court CR. MISC. No.16554 of 2021(4) dt.07-03-2022 2/3
The aforesaid charge against the petitioner has
been disputed by him and the learned counsel for the petitioner submits that it is a wild accusation, not based on any positive information.
The petitioner denies to have married anybody before marrying with opposite party no. 2.
After some argument, the learned counsel for the opposite party no. 2 agreed to the proposal of the petitioner for negotiations for resolving the matrimonial dispute either by way of peacefully ending the relationship as also for a one time settlement which would take care of all the matrimonial dues of the opposite party no. 2.
Regard being had to the afore-noted stand of the parties before this Court, it is directed that if the petitioner surrenders before the court below within a period of six weeks along with a copy of this order, he shall be released on provisional bail and simultaneously notice shall be issued to opposite party no. 2. After her appearance in the matter, the court below shall provide opportunities to the spouses to settle their differences.
Patna High Court CR. MISC. No.16554 of 2021(4) dt.07-03-2022 3/3
In the event of the parties not ready to reside as man and wife under the same roof, they could negotiate for a one time settlement.
If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed.
If for any reason, the dispute does not get resolved and the court below is of the view that the stand of the petitioner was not reasonable, the provisional bail shall not be confirmed.
However, while passing the aforesaid order, the court below shall also take into account the stand of the opposite party no. 2 and if it is unreasonable, that shall also be taken into account before passing the final order with respect to confirmation of anticipatory bail of the petitioner.
The petition stands disposed off accordingly.
(Ashutosh Kumar, J)
sunilkumar/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner pending resolution of the matrimonial dispute.
Whether the petitioner should surrender within six weeks to secure release on provisional bail.
How the court below should evaluate the reasonableness of both parties' stance during negotiation.
2 provisions across 1 enactments
Bipin Kumar Sharma
The State of Bihar
Sangita Kumari
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
