Md. Hasnain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28250 of 2015 Arising Out of PS.Case No. -267 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Md. Hasnain Son of Md. Husan Imam resident of Village Sirnia, P.S. - Ashok Paper Mill, District - Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Shakila Khatoon Daughter of Md. Usman resident of Chilha Dilawarpur, P.S. Baheri, District - Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Nand Jha, Adv. For the Opposite Party/s : Ms. Indu Bala Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case bearing C.R. No. 267/2015, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code. The petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife. The case was sent to Mediation Centre for re-conciliation, but no notice was issued to the wife and the wife did not appear.

Considering the facts aforesaid and willingness of the petitioner to keep his wife, the petitioner above named is directed

Patna High Court Cr.Misc. No.28250 of 2015 (3) dt.29-10-2015 2/2 to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and on such, the court below shall enlarge the petitioner on provisional bail for six months after issuing notice to the complainant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vishal Kumar, Judicial Magistrate 2nd Class, Darbhanga in connection with Complaint Case bearing CR No. 267/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute between the husband and wife is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved amicably, the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) Rakhi U T