Patna High CourtCR. MISC./6102/2019allowed

Md. Ismail @ Md. Ismaiel v. The State Of Bihar And ANR

2019-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6102 of 2019 Arising Out of PS. Case No.-1545 Year-2015 Thana- COMPLAINT CASE District- Banka ====================================================== MD. ISMAIL @ MD. ISMAIEL Son of Md. Manjoor Alam Resident of Village - Atpahra, P.S.- Dhoraiya, O.P.- Dhankund, District-Banka ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Bibi Tamanna D/o- Md. Mokhtar Resident of Village - Atpahra, P.S. - Dhoraiya, O.P.- Dhankund, District-Banka, at present W/o Md. Nadeem (son of Md. Kalim), resident of village-Bujurg Rangawn, P.O.-Sathiyari, P.S.- Dhoraiya, District-Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Complaint Case No. 1545 of 2015 for the offence under sections 498A, 323, 379, 504/34 of the Indian Penal Code and under section 3/4 of the D.P. Act.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

Referring to Annexure-3 he submits that in fact wife has left this petitioner and joined wedlock with another person and she has offspring from the new marriage.

Considering the fact that petitioner is in custody since

Patna High Court Cr.Misc. No.6102 of 2019(2) dt.04-02-2019 2/2 01.08.2018 having no criminal antecedent, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Banka, in connection with Complaint Case No. 1545 of 2015. The trial court is directed to refer the matter to district Mediation Centre to explore the possibility settlement between the husband and the wife.

(Anil Kumar Upadhyay, J) Ravi/- U T