Abdul Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36052 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- ABADPUR District- Katihar ====================================================== Abdul Malik, aged about 23 years, male, S/o Kalimuddin, Resident of Village- Bariol, P.S.- Abadpur, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Praveen Khatoon, aged about 20 years, female, D/o Abdur Rahim, W/o Abdul Malik, resident of Village- Madargachhi, P.S.- Abadpur, DistrictKatihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s No. 2 :

Md. Qumrul Hoda, Adv.

For the State :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2021 Heard Mr. Bhola Prasad, learned Advocate for the petitioner and Md. Qumrul Hoda, learned Advocate for the opposite party No. 2. The State is represented by the learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Abadpur P.S. Case No. 18 of 2020,

Patna High Court CR. MISC. No.36052 of 2020(2) dt.05-04-2021 2/3 dated 04.03.2020, instituted for the offences under Sections 498(A) and 406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of opposite party No. 2.

The learned counsel for the petitioner has submitted that notwithstanding the fact that the parties have been divorced, the petitioner is still ready to enter into negotiations with opposite party No. 2, provided she is agreeable for the same for a one time settlement regarding her matrimonial dues.

However, the learned counsel for the opposite party No. 2 submits that this is a strategy adopted by the petitioner for seeking anticipatory bail.

Considering the nature of accusation against the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.36052 of 2020(2) dt.05-04-2021 3/3 learned Sub-Divisional Judicial Magistrate, Katihar in connection with Abadpur P.S. Case No. 18 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

While granting bail to the petitioner, the Court below shall make efforts for settlement of matrimonial dispute between the parties which would not specifically be for the restitution of conjugal rights but, if possible, for a one time settlement of matrimonial disputes between the parties.

With the aforesaid observation/direction, the application stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- U T