Md. Khursheed @ Md. Khursheed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15267 of 2020 Arising Out of PS. Case No.-941 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MD. KHURSHEED @ MD. KHURSHEED ALAM Son of Late Abdul Jalil Resident of Village-Badluchak, P.S.-Jagdishpur, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Sahina Parvin Wife of Md. Khurshid, Daughter of Md. Kamil Resident of Village-Shahjangi, P.S.-Habibpur, District-Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.941 of 2017 registered under Sections 323, 498A of the Indian Penal Code and under Section 4 of Dowry Prohibition Act.

The learned counsel for the petitioner submits that his wife also filed Jagdishpur P.S. Case No.7 of 2018 under Section 498A and 34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. The same is pending before the learned court below for reconciliation. The petitioner is ready to keep his wife. The petitioner is also ready for one time settlement, if the wife of the petitioner is not willing to restore conjugal relation.

Patna High Court CR. MISC. No.15267 of 2020(2) dt.08-09-2020 2/2 Taking into consideration the submission of the learned counsel for the petitioner, the petitioner, above named, is directed to surrender before the court below within a period of six weeks and on such, learned court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bhagalpur in connection with Complaint Case No.941 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall make efforts for resolution of the dispute between the husband and the wife. If the dispute is amicably resolved, the provisional bail granted to the petitioner shall be confirmed. If the dispute between the husband and the wife is not resolved, learned court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months. (Prabhat Kumar Jha, J) Saurabh/- U T