Md. Najam @ Md. Nojjam Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32387 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== MD. NAJAM @ MD. NOJJAM ALAM Son of Abid Alam Resident of Village - Kurma P.S.- Rasalpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-02-2021 Heard the learned counsel for the petitioner and the State.

The petitioner, who is the husband of the victim/informant, seeks bail in anticipation of his arrest in connection with Kahalgaon (Rasalpur) P.S. Case No. 378 of 2019 dated 19.06.2019 instituted for the offences under Sections 341, 323, 498(A), 504, 506 and 34 of the Indian Penal Code.

The informant, it has been fairly stated by the petitioner is his second wife who has been residing in the same household along with the first wife of the petitioner. The marriage of the informant with the petitioner was with the consent of his first wife. Because of the differences between the two ladies of the house, the present case has been lodged against the petitioner. The informant perhaps was of the view that the

Patna High Court CR. MISC. No.32387 of 2020(2) dt.09-02-2021 2/2 petitioner accords more love and affection to the other wife.

However, the petitioner is ready to settle the matrimonial dispute and keep the informant with due dignity and honour provided she is agreeable for the same.

Considering this aspect of the matter, this Court directs that in the event of the surrender of the petitioner within a period of eight weeks from today, he shall be granted provisional bail and simultaneously notice shall be issued to the informant. On the appearance of the informant, the court will explore the possibilities of settlement and if the issues between the spouses are settled, the provisional bail of the petitioner shall be confirmed. The provisional bail of the petitioner shall also be confirmed in the event of the informant showing an unreasonable attitude during the deliberations. If the conduct of the petitioner is not good, that should also be taken into account before confirming the provisional bail of the petitioner. The petition stands disposed of.

(Ashutosh Kumar, J) krishna/- U T