Md. Ashfaque @ Ashfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16455 of 2020 Arising Out of PS. Case No.-2522 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MD. ASHFAQUE @ ASHFAQUE S/o Late Md. Hasebul @ Hasiburrahman Resident of Village-Rangdaha, P.S.-Araria (Bairgachhi), District-Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Bibi Aluna W/o Md. Ashafaque, D/o Md. Suleman Resident of VillageRangdaha, P.S.-Araria (Bairgachhi), District-Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-10-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2522C/2018 in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the talks of settlement with his wife/opposite party No. 2, provided she is agreeable for the same. He also wants a

Patna High Court CR. MISC. No.16455 of 2020(2) dt.22-10-2021 2/3 rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be

Patna High Court CR. MISC. No.16455 of 2020(2) dt.22-10-2021 3/3 genuine, his provisional bail shall be confirmed by the Court below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T