Shahbaz Shaikh @ Shaikh Shahbaz @ Shahbaz Shakil Shaikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22906 of 2020 Arising Out of PS. Case No.-18 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== SHAHBAZ SHAIKH @ SHAIKH SHAHBAZ @ SHAHBAZ SHAKIL SHAIKH, S/o Shakil Shaikh @ Shakil Bhai, Resident of Urdu Mohalla Ward No-25, Near Msjid, P.S.- Kotwali, Naka. No.-5, Distt- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Mr. APP For the Informant : Mr. Arun Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2020 Heard learned counsel for the petitioner and the State as well as informant.

The petitioner is apprehending his arrest in connection with Kishanpur P.S. Case No. 18 of 2019 for the offence under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the relationship of petitioner and informant has reached the stage of no return and the petitioner is not ready to continue matrimonial relation with the informant.

Counsel for the informant submits that this petitioner has in fact returned the money taken from the father of the informant and he is using the return of that amount, as amount

Patna High Court CR. MISC. No.22906 of 2020(2) dt.01-10-2020 2/2 allegedly paid to the informant towards the settlement amount, which is patently false. However, he submits that the matter may be referred to the Mediation Centre so that the dispute may be amicably settled, either the relationship may continue or it may be settled in the manner both parties may finally decide their future course of action.

Considering the aforesaid, the present anticipatory bail application is disposed of with a direction to the court below to refer the matter to the District Mediation Centre for appropriate settlement between the parties either for resolving their dispute or ensuring the stage as husband or wife or the court will ensure final settlement between the parties on equitable terms and conditions having regard to the standard of living of the parties. Necessary decision after mediation may be taken by the court below at the earliest preferably within a period of six months from the date of settlement.

In the meanwhile, no coercive steps shall be taken against the petitioner.

(Anil Kumar Upadhyay, J) uday/- U T