← Library
Patna High CourtCR. MISC./35720/2020disposed

Md. Sakil @ Pappu v. The State Of Bihar

2021-11-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35720 of 2020 Arising Out of PS. Case No.-02 Year-2020 Thana- MAHILA P.S. District- Vaishali ====================================================== Md. Sakil @ Pappu S/o Md. Kamal Resident of Mohalla - Baignabad, P.S. - Bihar Sharif, District- Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Yadav, Advocate For the Informant :

Mr. Tanveer Ahmad, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2021 Heard Shri Amarnath Yadav, learned counsel for the petitioner, Shri Tanveer Ahmad, learned counsel for the informant and Shri Umesh Lal Verma, learned A.P.P. for the State.

The petitioner is seeking anticipatory bail in connection with Hajipur Mahila P.S. Case No. 02 of 2020 instituted for the offences under Sections 341, 323, 354, 307, 379, 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner, at the outset, submits that petitioner is the husband and against him one case being Mahila P.S. Case No. 35 of 2019 was instituted by the wife earlier. Without going into the merits of the case, the

Patna High Court CR. MISC. No.35720 of 2020(4) dt.02-11-2021 2/3 learned counsel for the petitioner agrees that the petitioner is willing to take his wife back and the wife is also willing to go back to her matrimonial home.

Considering the aforesaid submission jointly made by the learned counsel for the petitioner and learned counsel for the informant, the petitioner is directed to surrender in the learned court below on 25.11.2021 when the learned court below shall release the petitioner on provisional anticipatory bail for a period of three months on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties and simultaneously will issue notice to the Opposite Party No. 2. On her appearance, the Court below will bring to the notice of the Opposite Party No. 2 the submission made by the learned counsel for the informant that she is willing to resume her conjugal life with the petitioner. If the petitioner takes the O.P. No.

2 back as wife, the learned court below will again call both of them after a year to verify as to whether the petitioner and the O.P. No. 2 are living happily or not. In the event, the O.P. No.

Patna High Court CR. MISC. No.35720 of 2020(4) dt.02-11-2021 3/3 cancel the bail bond of the petitioner. But after a year if both of them are living together happily, the provisional bail granted to the petitioner shall be confirmed.

(Satyavrat Verma, J) Rishi/- U T