Abdul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2121 of 2015 Arising Out of PS.Case No. -3677 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Abdul Haque Son of Md. Imtiaz Resident of vill-Bhag Kohalia(Miyan Hatia)P.S-Forbisganj,Distt.-Araria .... .... Petitioner.

Versus

The State of Bihar AND Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 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. 3677 of 2013, in which, cognizance has been taken for the offence punishable under Section-498A/34 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 Judicial Magistrate-Ist Class/concerned court, Araria and seek regular bail within four weeks from the date of receipt/production

Patna High Court Cr.Misc. No.2121 of 2015 (2) dt.19-01-2015 2/3 of copy of this order and if, the petitioner does so, the petitioner 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 Judicial Magistrate-Ist Class/concerned court, Araria in connection with Complaint Case No. 3677 of 2013.

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 if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in his attempt due to rigid and noncooperative 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

Patna High Court Cr.Misc. No.2121 of 2015 (2) dt.19-01-2015 3/3 proceeding fails due to rigid and non-cooperative approach of the complainant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T