Azad @ Md Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17599 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- POTHIYA District- Kishanganj ====================================================== AZAD @ MD AZAD Son of Paimujuddin @ Paimuddin @ Paimooz Resident of Village - Nimlagaon, P.S.- Pothia, Dist.- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nasima Khatoon W/o Azad @ Md. Azad, D/o Md. Mumtaz Resident of Village - Patilabhasha, P.S.- Pothia, Distt.- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. APP Mr. Radha Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Radha Mohan Singh for the opposite party no. 2.

The petitioner, who is the husband of the opposite party no. 2, seeks bail in anticipation of his arrest in connection with Pothia P.S. Case No. 230 of 2020 dated 22.10.2020 instituted for the offences under Sections 341, 323, 498(A), 354, 354B, 504, 506 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The petitioner is ready to settle the matrimonial dispute and keep the opposite party no. 2 with due dignity and honour, provided she is agreeable

Patna High Court CR. MISC. No.17599 of 2021(2) dt.07-01-2022 2/2 for the same.

Considering this aspect of the matter, this Court directs that in the event of the surrender of the petitioner within a period of eight weeks from today, he shall be granted provisional bail and simultaneously notice shall be issued to the informant. On the appearance of the informant, the court will explore the possibilities of settlement and if the issues between the spouses are settled, the provisional bail of the petitioner shall be confirmed. The provisional bail of the petitioner shall also be confirmed in the event of the informant showing an unreasonable attitude during the deliberations. If the conduct of the petitioner is not good, that should also be taken into account before confirming the provisional bail of the petitioner. The petition stands disposed of.

(Ashutosh Kumar, J) krishna/- U T