Md. Shoab @ Md. Shoab Alam. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32029 of 2014 Arising Out of PS.Case No. -948 Year- 2012 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================
1. Md. Shoab @ Md. Shoab Alam. Son of Md. Musa Resident of villageRupauhali, P.S.- Parbatta, District- Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar
2. Md. Jabbar Son of Late Manunath Ali Resident of village- Churamba, P.S.- Kotwali, District- Munger .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Munger Mahila P.S. Case No. 41 of 2012.
The petitioner is husband of the opposite party No. 3 and after solemnization of marriage, opposite party No. 2, who happens to be father of opposite party No. 3, filed Complaint Case No. 948C of 2012 against the petitioner and others punishable under Section-498A and other minor Sections of the Indian Penal Code and subsequently, the opposite party No. 3 lodged Munger Mahila P.S. Case No. 41 of 2012 against the petitioner and others for the offences punishable under Sections-498A/34 of the Indian
Patna High Court Cr.Misc. No.32029 of 2014 (2) dt.02-02-2015 Penal Code and Section-3/4 of Dowry Prohibition Act. The complaint case No. 948C of 2012 was quashed by a coordinate bench of this court vide order dated 13-11-2014 passed in Cr. Misc. No. 21387 of 2014.
The contention on behalf of the petitioner is that the petitioner is ready to keep the complainant with full honour and dignity.
In view of the aforesaid submissions, without entering into merit of the case, this petition stands disposed off with direction to the petitioner to surrender before the learned Sub Divisional Judicial Magistrate,/concerned court, Munger and seek regular bail within four weeks from the date of receipt/production of copy of this order and if, the petitioner does so, the petitioner shall be enlarged on provisional bail on the date of surrender itself, for a period of four months on furnishing bail bond of Rs 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate,/concerned court, Munger in connection with Munger Mahila P.S. Case No. 41 of 2012.
It is further made clear after being released on provisional bail, the concerned court shall issue notice to the petitioner as well as the complainant, fixing a date for
Patna High Court Cr.Misc. No.32029 of 2014 (2) dt.02-02-2015 reconciliation and shall take all efforts to patch up the dispute of the parties within four months from the date of surrender of the petitioner. It is also made clear that if, the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court but if, the concerned court fails in his attempt due to rigid and noncooperative approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed by the concerned court and in that event, the petitioner shall be taken into custody and on his regular bail petition, the order shall be passed on its own merit without being prejudiced by this order.
It goes without saying that if the reconciliation proceeding fails due to rigid and non-cooperative approach of the complainant, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself.
(Hemant Kumar Srivastava, J) A.K.V./- U T