Imtiyaz Haque Ansari @ Imtiyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8728 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- MAHILA P.S. District- Sitamarhi ====================================================== IMTIYAZ HAQUE ANSARI @ IMTIYAZ ANSARI S/o Saimul Haque Ansari Resident of Village- Rajopatti, Ward No.-12, P.S. and DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Fatama Zohara W/o Imtiyaz Haque Ansari Resident of VillageRajopatti,Ward No.-12, P.S. and Distt.- Sitamarhi. at present D/o Md. Parvez Alam, Resident of Village- Aziznagar, Punaura, Wardf No.-03, P.S.- Punaura, District- Sitamarhi.

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-05-2022 The petitioner is one of the candidates in the examination conducted by the High Court for the post of Computer Operator, which is scheduled from 14th of May 2022. Hence, priority hearing to this petition.

Heard the learned counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 14/2021 instituted for the offences under Sections 323, 498(A), 504 and 34 of the Indian Penal Code.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife/opposite party No. 2, provided she is agreeable for the

Patna High Court CR. MISC. No.8728 of 2022(2) dt.09-05-2022 2/2 same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of six weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home. The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause. If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court below. With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T