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Patna High CourtCR. MISC./25623/2015disposed

Md. Fakhruddin Ansari @ Md. Fakhruddin v. State Of Bihar And ANR

2015-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25623 of 2015 Arising Out of PS.Case No. -1366 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Md. Fakhruddin Ansari @ Md. Fakhruddin son of Md. Qasim, resident of Village- Dumari Buzurg, near Kal Rartri Sthan, Thakur Mandir, PO & PSNayagaon, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nikhat Parween, wife of Md. Fakhruddin Ansari, daughter of Md. Maqsood Alam, resident of Mohalla- Katra Mandai, PO- Mahendru, PSSultanganj, District- Patna. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. S. Eheteshmuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code and Sections 3/4 of the D.P. Act.

Petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife and, on such, learned counsel for the complainant submits that the wife is also ready to live with the husband provided the petitioner gives an undertaking to keep her properly. Considering the willingness of the husband and the wife to live together and resolve the dispute, the above named petitioner is directed to surrender in the court below within four

Patna High Court Cr.Misc. No.25623 of 2015 (2) dt.10-07-2015 2/2 weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City in Complaint Case No. 1366 of 2013.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

(Prabhat Kumar Jha, J) Dilip/- U T