Patna High CourtCR. MISC./49382/2014disposed

Md. Meraj @ Shaikh Meraj v. State Of Bihar And ANR

2015-04-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49382 of 2014 Arising Out of PS.Case No. -2297 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Md. Meraj @ Shaikh Meraj Son of Shaikh Haquiqe Resident of VillageBhoju Khan ke Tola,P.S-Hathuwa,Distt.Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sayara Khatoon Wife of Shaikh Meraj,Daughter of Shaik Habib@Chhote Resident of Village-Bhoju Khan ke Tola,P.SHathuwa,Distt.Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under section 498-A of the Indian Penal Code. It is submitted that the marriage of the petitioner was solemnized with the complainant about 23 years ago and the petitioner never subjected his wife to torture and cruelty. On account of some family dispute, the wife has lodged this case but the petitioner is ready to keep his wife.

Considering the facts aforesaid and the fact that the petitioner is ready to keep opposite party no. 2 as his wife, the above named petitioner is directed to surrender in the court below

Patna High Court Cr.Misc. No.49382 of 2014 (2) dt.09-04-2015 within a period of four weeks from the date of receipt/production of a copy of this order, and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the complainant-opposite party no. 2, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No. 2297 of 2013, Trial No. 3507 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not amicably settled, the court below shall pass order in accordance with law on the provisional bail of the petitioner. (Prabhat Kumar Jha, J) Amin/- U