Md. Sonib @ Md. Salim @ Salim v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6969 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6969 of 2015 Arising Out of PS.Case No. -156 Year- 2014 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Md. Sonib @ Md. Salim @ Salim son of Md. Mosim Resident of Mohalla - Barahpura, Police Station - Ishakchak, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anguri Begum wife of Md. Sonib @ Md. Salim, daughter of Anwar resident of village & P.O. Lakhanpur, Police Station - Tarapur, District - Munger.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23.02.2015 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of this petition within course of the day.

Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the complainant.

Admittedly, petitioner is husband of the complainant and he has filed matrimonial suit for restitution of his conjugal rights but it appears from the impugned order as well as order of the Women commission that the complainant is not ready to lead her conjugal life with the petitioner rather she is interested in one time settlement. Considering the aforesaid submissions of the parties, this anticipatory bail stands disposed of with direction to petitioner to

Patna High Court Cr.Misc. No.6969 of 2015 (2) dt.23-02-2015 surrender before the Sub divisional Judicial Magistrate, Munger/ concerned court in connection with Complaint Case No. 156C/2014 within four weeks from today and seek regular bail and if petitioner does so, the concerned court shall release the petitioner on provisional bail on the day of his surrender for a period of four months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to his satisfaction.

Furthermore, after being released the petitioner on provisional bail, the concerned court shall issue notice to the petitioner as well as complainant fixing a date for reconciliation and shall take all possible steps to patch up the dispute of the parties and in the above stated attempt, if the concerned court succeeds to patch up the dispute of the parties, the concerned court shall pass order for confirmation of bail of the petitioner but if the concerned court fails due to rigid approach of the petitioner, then, in that event, provisional bail of the petitioner will not be confirmed by the court below and in that event, petitioner shall be taken into custody and his regular bail application shall be decided by the concerned court on its own merit. It goes without saying that if the aforesaid effort fails on account of rigid and non-cooperative approach of the complainant, the provisional bail of the petitioner shall be confirmed by the court below itself.

Shahid ( Hemant Kumar Srivastava, J.) U T