Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26431 of 2020 Arising Out of PS. Case No.-624 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Akbar Ali, aged about 26 years, male, S/o Wazid Ali, Resident of MohallaGuljarbagh Idgah, P.S.-Bikramganj, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Reshma Praveen, W/o Akbar Ali, D/o Md. Shamim, Resident of MohallaMahajan Toli No.1, P.S.-Arrah Town, District-Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Ataul Haque, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Md. Ataul Haque, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

Even today, there is no appearance on behalf of the opposite party No. 2.

The petitioner seeks bail in anticipation of his arrest in connection with Arrah Town P.S. Case No. 624

Patna High Court CR. MISC. No.26431 of 2020(4) dt.08-02-2021 2/3 of 2019, dated 10.12.2019, instituted for the offences under Sections 498(A) of the Indian Penal Code and Section 3/4 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 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.

Patna High Court CR. MISC. No.26431 of 2020(4) dt.08-02-2021 3/3 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 genuine, his provisional bail shall be confirmed by the Court below.

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

(Ashutosh Kumar, J) Praveen-II/- U T