Sanaullah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32134 of 2014 Arising Out of PS.Case No. -1957 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================
1. Sanaullah Son of Mumtaz Ali Resident of village - Samaspur Baki, village - Bhawanipur, P.S. Abadpur, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Husun Ara Khatoon wife of Sanaullah, D/o Matiur Rahman Resident of village - Jatahar Kol tola, Post Shivanandpur, P.S. Abadpur, District - Katihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for opposite party No. 2.
The petitioner is husband of the opposite party No. 2 and there is specific allegation against him that he solemnized his second marriage with another girl but in spite of that, it is submitted that the petitioner is still ready to keep the opposite party No. 2 with full honour and dignity.
Taking note of the aforesaid submission as well as facts and circumstances of the case, this petition stands disposed off with direction to the petitioner to surrender before the court of Sub Divisional Judicial Magistrate/concerned court, Katihar in connection with Complaint Case No. 1957 of 2013 within four
Patna High Court Cr.Misc. No.32134 of 2014 (3) dt.03-02-2015 2/3 weeks from the date of receipt/production of copy of this order and seeks regular bail and if, the petitioner does so, the concerned court shall release the petitioner on provisional bail on the date of surrender itself, for a period of four months on furnishing bail bond of Rs 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate/concerned court, Katihar in connection with Complaint Case No. 1957 of 2013.
It is further made clear after being released on provisional bail, the concerned court shall issue notice to the petitioner as well as the complainant, fixing a date for reconciliation and shall take all efforts to patch up the dispute of the parties within four months from the date of surrender of the petitioner. It is also made clear that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in his attempt due to rigid and noncooperative approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed by the concerned court and in that event, the petitioner shall be taken into custody and on his regular bail petition, the order shall be passed on its own merit without being prejudiced by this order.
Patna High Court Cr.Misc. No.32134 of 2014 (3) dt.03-02-2015 3/3 It goes without saying that if, the complainant refuses to reside with the petitioner on account of solemnization of second marriage, the concerned court shall not confirm the provisional bail of the petitioner and in that event, the concerned court shall decide the regular bail application of the petitioner on its own merit after taking the petitioner in custody without being prejudice by this order.
(Hemant Kumar Srivastava, J) A.K.V./- U T