Md. Abdullah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4582 of 2019 Arising Out of PS. Case No.-1133 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Md. Abdullah, son of Chand Mohamad, Resident of village-Kavalpura, P.S.- Mashrakh, District-Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shakeela Khatoon, son of Md. Abudullah, Resident of village-Kavalpura P.S.-Mashrakh, District-Saran At Chhapra At present residing at Tole Mishra Ka More P.S.-Bhagwanpur Hat, District-Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan,Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.1133 of 2018, Trial No.3946 of 2018, disclosing offence under Section 498A of the Indian Penal Code.

Allegation against the petitioner is of demand of motorcycle and for that assaulted the complainant and ousted her from the house.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 28.03.2019. The report of Mediator is available on record at Flag "E" which disclosed that the dispute between the parties has not been resolved in

Patna High Court CR. MISC. No.4582 of 2019(4) dt.02-07-2019 2/2 spite of sincere efforts.

Learned counsel for the petitioner has submitted that he is still ready for one time settlement but there is excessive demand on behalf of the complainant.

Learned counsel appearing on behalf of the complainant has opposed the aforesaid submission on the ground that petitioner is working in Delhi also and he is not getting any single penny to the complainant for her expenses. Having heard both sides, considering the above facts and circumstances, as stated above, this application is disposed of with the direction to the petitioner that he shall pay Rs.2500/- per month to the complainant for a period of one year and during that period, the complainant is at liberty to move before the Family Court for maintenance and the petitioner has to abide by any order passed by the Family Court either final or interim. With the above said observations, the provisional bail granted to the petitioner vide order dated 31.01.2019 is confirmed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T