Md. Saddam Khan @ Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15308 of 2020 Arising Out of PS. Case No.-1747 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MD. SADDAM KHAN @ SADDAM Son of Md. Vasir Khan, Resident of Village-Samastipur, P.S.-Shahkund, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Noor Fatima W/o Md. Saddam Khan, D/o Late Shamim Khan, Resident of Village-Samastipur, P.S-Shahkund, District-Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Kishor Das, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.1747 of 2016 for the offences allegedly committed by the petitioner under Sections 323, 379, 498(A), 504, 506 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity but the wife of the petitioner does not want to live with the petitioner. The petitioner is ready to resolve the dispute between the husband and the wife. The petitioner is also ready for One Time Settlement.

Patna High Court CR. MISC. No.15308 of 2020(2) dt.09-09-2020 2/2 Considering the willingness of the petitioner to keep his wife with all honour and dignity although his wife does not want to live with the petitioner and the fact that the petitioner is also ready for One Time Settlement, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Complaint Case No.1747 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Thereafter the court below shall make efforts for resolution of dispute between the husband and the wife. If the dispute is resolved amicably and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved amicably between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months.