Salimuddin Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60546 of 2018 Arising Out of PS.Case No. -847 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Salimuddin Ansari S/o Natimuddin Ansari, R/o Vill.- Pakaria, P.S.- Chhauradano, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Nargis Begam D/o Nuruddin Ansari W/o Salimuddin Anari, R/o Vill.- Pakaria, P.S.- Chhauradano, District- East Champaran prsently R/o Vill.- Nara Parsauni Bhairoganj, P.S.- Bhairoganj, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 Heard the parties.

Petitioner apprehends his arrest in connection with Complaint Case No. 847/2017 in which cognizance has been taken for the offences punishable under Sections 498-A of the Indian Penal Code and 3⁄4 of D.P. Act.

At the very outset, learned counsel for the petitioner as well as learned counsel appearing for opposite party no. 2 submit that petitioner and opposite party no. 2 are ready to lead their conjugal life and, therefore, this matter be sent to Mediation Centre.

Petitioner happens to be husband of opposite party no. 2

Patna High Court Cr.Misc. No.60546 of 2018 (2) dt.06-10-2018 2/3 and when both parties are ready to lead their conjugal life with each others, in my view, this matter should be sent to learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran with direction to him to explore the possibility of resolving the dispute of the parties within four months from the date of receipt/production of a copy of this order and furthermore, both parties are directed to appear before the learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran on 31.10.2018.

It is made clear that if petitioner appears before the Court below on the above stated date or prior to the above stated date, the learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran shall release the petitioner on bail provisionally for the period of four months after execution of bail bonds of rupees ten thousand with two sureties of the like amount each to the satisfaction of concerned Court.

Patna High Court Cr.Misc. No.60546 of 2018 (2) dt.06-10-2018 3/3 not be confirmed by the concerned court and in that event, the concerned court shall take the petitioner in judicial custody. It goes without saying that if the concerned court fails in his attempt of resolving the dispute of the parties due to non co-operative and rigid approach of opposite party no. 2, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T