Samiul @ Md. Samiul v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.34826 of 2015 (2) dt.25-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34826 of 2015 Arising Out of PS.Case No. -2514 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================
1. Samiul @ Md. Samiul S/o Md. Tafijul Resident of Village Mongra Hazi, Basir Tola, P.S. Mofassil, Katihar, District Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Farida Khatoon D/o Abdul Matablib, W/o Samiul Resident of Village Mongra Hazi, Basir Tola, P.O. Dalon, P.S. Mofassil, Katihar, District Katihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 25.08.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the complainant.
Petitioner happens to be husband of the complainant and is languishing in jail custody since 23.5.2015 in a case in which cognizance has been taken for the offence punishable under section 498A of the Indian Penal Code.
Earlier petitioner was granted privilege of anticipatory bail provisionally with observation that if reconciliation fails due to rigid and non-cooperative approach of the petitioner, provisional bail granted to the petitioner shall not be confirmed by the concerned court.
It appears that the concerned court took steps to patch up the
Patna High Court Cr.Misc. No.34826 of 2015 (2) dt.25-08-2015 dispute of the parties but due to non-cooperative approach of the petitioner, conciliation proceeding failed and thereafter, petitioner was taken into custody.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Katihar/concerned court in C.A. no. 2514/2012. shahid (Hemant Kumar Srivastava,J) U T