Md. Samar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13890 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Md. Samar Son of late Md. Equbal @ late Md. Ekbal Resident of VillageNeem Kale Khan, P.O & P.S- Sasaram, (T), Dist- Rohtas at Sasaram, At Present- Chaukhandi, P.O & P.S- Sasaram (T), Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarana Bano, D/o Tabarak Hussain, Resident of Village- Neem Kale Khan, P.O & P.S- Sasaram, (T), Dist- Rohtas at Sasaram. At Present Chaukhandi, P.O and P.S- Sasaram (T), Dist- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A) of the Indian Penal Code.

3. Learned counsels for the parties jointly submitted that the case was referred for mediation and the mediation has succeeded.

4. Learned counsel appearing on behalf of the O.P. No.2 submits that though mediation has succeeded but then the

Patna High Court CR. MISC. No.13890 of 2024(4) dt.27-06-2024 2/3 petitioner till date has not taken her back to her matrimonial home, on which, the learned counsel appearing on behalf of the petitioner submits that since O.P. No.2 is not ready to reside with the petitioner in the home, where his parents are residing, as such, it was agreed in between him and the O.P. No.2 before the learned Mediator that petitioner will keep the O.P. No.2 separately in a rented accommodation, as such, the learned Mediator also gave time to the petitioner to find a rented accommodation. It is further submitted that petitioner is looking for a rented accommodation and he will ensure that within the time framed by the learned Mediator, the petitioner will bring the O.P. No.2 to stay with him.

5. At this stage, learned counsel appearing on behalf of the O.P. No.2 submits that her brother was married to the sister of the petitioner, as such, the marriage was a Golat marriage and even the sister of the petitioner has instituted a case against her brother.

6. Be that as it may, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13890 of 2024(4) dt.27-06-2024 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.268/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the O.P. No.2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner in the event if the petitioner does not bring back the O.P. No.2 from her parental home to a rented accommodation.

(Satyavrat Verma, J) amit/- U T