Nasrullah @ Md. Nasrullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37359 of 2019 Arising Out of PS. Case No.-842 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== NASRULLAH @ MD. NASRULLAH, Son of Sanaullah Resident of VillageJalalpur, Police Station- Revelganj, District- Saran (Chapra). ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sabina Praveen, Wife of Nasrullah, Daughter of Ali Hazrat At present resident of Village- Mirchaiya Sah Takiya, Police Station- Siwan Town, District- Siwan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-08-2021 Heard Mr. Bashishtha Narayan Mishra, learned advocate for the petitioner and Mr. Javed Aslam, learned counsel for the Opposite Party No. 2. The State is represented by Mr. Murli Dhar, learned APP.
The petitioner, who is the husband of Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 842 of 2018 (Trial No. 985 of 2019), in which cognizance has been taken under Section 498(A) of the Indian Penal Code. The records of this case were transferred to the
Patna High Court CR. MISC. No.37359 of 2019(6) dt.23-08-2021 2/3 Mediation Centre for an amicable settlement between the spouses. The report of the Mediator is on record, which indicates that the spouses have settled their differences.
Pursuant to the aforesaid agreement between them before the Mediator, necessary sequal action has been taken by the petitioner.
Mr. Javed Aslam, learned Advocate for the Opposite Party No. 2, however, has no instructions in this regard.
Mr. Basishtha Narayan Mishra, learned advocate for the petitioner, however, states that if anything is left to be done, that shall also be done in the meanwhile. He, therefore, prays that the provisional bail granted to the petitioner be confirmed and he be allowed to remain on the same bail-bonds.
Considering the afore-mentioned arguments and taking into account that the dispute between the parties has been settled, the provisional bail granted to
Patna High Court CR. MISC. No.37359 of 2019(6) dt.23-08-2021 3/3 the petitioner by order dated 20.06.2019 is, hereby, confirmed. The petitioner shall remain on same bailbonds. However, it is further made clear that if the petitioner does not adhere to the assurance given by him before the Mediator and which has been recorded in the report, it would be open for the complainant / Opposite Party No. 2 to move an appropriate application for cancellation of the anticipatory bail.
The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T