Shami Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36856 of 2014 Arising Out of PS.Case No. -1597 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Shami Ahmad S/o - Md. Ishlam R/o Village - Muni Baingari, P.S. - Piar, District - Muzaffarpur. .... .... Petitioner.

Versus

The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and learned additional public prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1597 of 2012, in Tr. No.4027/2014, registered under Section-498A of the Indian Penal Code. The contention on behalf of the petitioner is that the petitioner is ready to keep the complainant with full honour and dignity.

In view of the aforesaid submissions, without entering into merit of the case, this petition stands disposed off with direction to the petitioner to surrender before the learned Chief Judicial Magistrate/concerned court, Muzaffarpur and seek regular bail within four weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the petitioner

Patna High Court Cr.Misc. No.36856 of 2014 (2) dt.11-02-2015 shall be enlarged 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 Chief Judicial Magistrate/concerned court, Muzaffarpur in connection with Complaint Case No. 1597 of 2012, in Tr. No.4027/2014.

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 in case the reconciliation succeeds, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the effort towards reconciliation fails due to rigid and non-cooperative 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.

It goes without saying that if the reconciliation proceeding fails due to rigid and non-cooperative approach of the

Patna High Court Cr.Misc. No.36856 of 2014 (2) dt.11-02-2015 complainant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.

(V. Nath, J) Nitesh/- U T