Md. Riyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7314 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Riyaz Alam, Son Of Md. Fazlur Rahman R/O Vill.- Jadepur Tola Massalpur, P.S.- Balia Balone, Distt.- Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rifat Khatoon, Wife Of Md. Riyaz Alam, D/O- Late Habibur Rahman R/O Vill.- Jadepur Tola, Massalpur, P.S.- Balia Balone, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Ms. Pushpa Sinha.1 Mr. Md. Qumrul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the case was referred for the mediation, but then, the mediation proceeding failed. It is also submitted that after the mediation proceeding failed, the petitioner and the opposite party no.2, on intervention of well-wishers, have come together and they have resumed their conjugal life. It is also submitted that petitioner and the opposite party no.2 are living together as husband and wife.

4. The said submission of the learned counsel for the

Patna High Court CR. MISC. No.7314 of 2023(7) dt.21-02-2024 2/2 petitioner is not disputed by the learned counsel appearing on behalf of the opposite party no.2, rather it is submitted that petitioner and the opposite party no.2 are staying together, but then, the learned counsel for the opposite party no.2 submits that the petitioner be directed to keep the opposite party no.2 with honour and dignity.

5. The Court expects that since petitioner and the opposite party no.2 have come together, as such, they will now start leading a peaceful conjugal life.

6. In view of the submissions made by the learned counsel for the parties, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Katihar in connection with Complaint Case No.556 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T