Md. Sanif @ Md. Salimuddin @ Sanimuddin v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17264 of 2015 (2) dt.04-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17264 of 2015 Arising Out of PS.Case No. -158 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== MD. SANIF @ MD. SALIMUDDIN @ SANIMUDDIN, S/O MD. IDRISH, RESIDENT OF VILLAGE- GARAIYA P.S. KURSAKANTA, DISTRICT ARARIA .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR

2. FARHANA KHATOON, W/O SANIF @ SANIMUDDIN, D/O MD. FARAQUE RESIDENT OF VILLAGE- GARAIYA P.S. KURSAKANTA, DISTRICT ARARIA.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. S. Eheteshmuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 158C of 2014 registered under Section 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the husband of the complainant (opposite party no.2) and is ready to keep the complainant with full dignity and honour. It is further submitted that complainant (opposite party no.2) has also filed other cases bearing Case No. 06 of 2014 under the Protection of Women from Domestic Violence Act, 2015 and

Patna High Court Cr.Misc. No.17264 of 2015 (2) dt.04-06-2015 Maintenance Case No. 73 of 2014 in the court of Principal Judge, Family Court, Araria only to give pressure.

Having considered the facts and circumstances of the case, let the above named petitioner be released on provisional bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Araria, in connection with Complainant Case No. 158C of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Learned trial court is directed to issue notice to the complainant (opposite party no. 2) and make attempt to resolve the dispute in between the petitioner and the complainant (opposite party no.2) by taking all possible efforts and if the dispute is resolved them confirm the provisional bail of the petitioner. If the dispute is not resolved then the trial court will pass the order on its own merit.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T