Md. Rizwan @ Md. Rizwan Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29160 of 2019 Arising Out of PS. Case No.-391 Year-2017 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== MD. RIZWAN @ MD. RIZWAN AKRAM Son of Md. Moqim Ahmad Resident of Village - Khalasi, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner, learned counsel for OP No.2, as well as learned APP through video conferencing.

On account of matrimonial acrimony, this case has been brought up at the end of wife. It is further evident that in the background of aforesaid events while noticing Opposite Party No.2, coercive step was forbidden vide order dated 06.05.2019 and subsequently thereof, vide order dated 23.07.2019, the matter was referred to Patna High Court Mediation Centre.

It is further evident from the report dated 02.12.2019 furnished by Mediator, Sri Umesh Kumar Singh No.1, the mediation frustrated and since thereafter, on one pretext or the other, petitioner is taking time, enjoying usufruct of order dated

Patna High Court CR. MISC. No.29160 of 2019(9) dt.07-07-2020 2/3 06.05.2019 dishonestly. On previous occasion also, the matter was going to be decided on its conclusiveness, however, considering the prayer having at the end of learned counsel for the petitioner, an adjournment was granted by way of last indulgence.

However, learned counsel for the petitioner is fair in submitting that proper constructive efforts are yet to be taken. That being so, it does not appear to be prudent one to allow pendency of instant Criminal Miscellaneous furthermore. Accordingly, directing the petitioner to surrender before the learned lower court within four weeks with a prayer for bail which the learned lower court will allow provisionally, will procure attendance of the complainant and will endeavour to resolve the dispute and in case, the same is found to be properly tackled, then in that circumstance, the provisional bail would be confirmed, otherwise, the learned lower court will be at liberty to pass order in accordance with law. In terms thereof, the instant petition stands disposed of.

(Aditya Kumar Trivedi, J) perwez U T

Patna High Court CR. MISC. No.29160 of 2019(9) dt.07-07-2020 3/3