Irfan Sadique @ Md. Irfan Sadique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25505 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Purnia ====================================================== 1.

IRFAN SADIQUE @ MD. IRFAN SADIQUE Son of Rizwan Sidique Resident of Village - Sipahi Tola, Madhubani, P.S.- K. Hat, Distt - Purnea. 2.

Rizwan Sidiquie @ Rizwan Sadique Son of Late Sidique Resident of Village - Sipahi Tola, Madhubani, P.S.- K. Hat, Distt - Purnea. 3.

Naziya Praveen @ Beby Khatoon Wife of Rizwan Sidique Resident of Village - Sipahi Tola, Madhubani, P.S.- K. Hat, Distt - Purnea. 4.

Talaha Sidique Son of Rizwan Sidique Resident of Village - Sipahi Tola, Madhubani, P.S.- K. Hat, Distt - Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Rukshana Khatoon W/o Irfan Sadique, D/o Tanwir Alam, R/o Millat Colony, P.S. Sahayak K.Hat, District-Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Dr. Bidhu Ranjan, Adv.

For O.P. No.2 : Mr. Amarnath Singh, Adv. For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2019 Petitioner nos.2 to 4 have already been granted anticipatory bail vide order dated 25.04.2019. Heard learned senior counsel for petitioner no.1 (Irfan Sadique @ Md. Irfan Sadique), learned counsel for opposite party no.2 and learned A.P.P. for the State.

Petitioner no.1 apprehends his arrest in Mahila P.S. Case No.08 of 2019 registered under Sections 498A, 313, 504 and 34 of the Indian Penal Code and under Sections 3 and 4 of the D.P. Act.

The matter was referred to the mediation centre but mediation failed.

Patna High Court CR. MISC. No.25505 of 2019(6) dt.27-09-2019 2/2 Learned senior counsel for petitioner no.1 and learned counsel for opposite party no.2 submit that the husband and the wife are willing to restore their conjugal relation. Having considered the facts that the husband and the wife are willing to restore their conjugal relation, petitioner no.1 is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge petitioner no.1 on provisional bail for four months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with Mahila P.S. Case No.08 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

and the court below shall make efforts for resolution of the dispute between the husband and the wife. If the dispute is resolved and petitioner no.1 keeps his wife properly, the provisional bail granted to petitioner no.1 shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner no.1 immediately after lapse of four months.

Harish/- (Prabhat Kumar Jha, J) U T