Samshad Alam @ Md. Shamshad Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43751 of 2014 Arising Out of PS.Case No. -387 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Samshad Alam @ Md. Shamshad Alam Son of Md. Soaib Ahamad Resident of Village Ekhattha Id Tole Ward No.2, P.S.- Khutauna, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sahin Fatma D/O Baddi Uzzama Resident of Village Ekhattha, Ward No.4 North Tole, P.S.- Khutauna, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing for the complainant.

The petitioner apprehends his arrest in a case registered under Section 498(A) and other sections of the Indian Penal Code and Sections 3 / 4 of the D.P. Act. The petitioner is the husband and he is ready to keep his wife or resolve the dispute amicably. On the other hand, learned counsel for the complainant submits that the complainant is also ready to live with her husband provided her husband has not solemnized second marriage. The complainant is also ready for amicable settlement of the dispute.

Patna High Court Cr.Misc. No.43751 of 2014 (5) dt.29-07-2015 2/2 Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner for four months on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jhanjharpur in Madhubani in Complaint Case No. 387 of 2013, corresponding to T. R. No. 231 of 2014. The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

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