Zahid Alam @ Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39214 of 2020 Arising Out of PS. Case No.-1214 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== ZAHID ALAM @ ALAM SON OF AZIMUDDIN R/O VILLAGEPATHRABARI THANA JOKIHAT DISTRICT ARARAIA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NOOR SAMA D/O MD. WASIK AT PRESENT RESIDING OF VILLAGEDUMARIA (MALOPARA) P.S.- ROUTA, DISTRICT- PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2021 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner, who is the husband of O.P.

No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. C 1214/2019 instituted for the offences under Section 498 (A)/ 34 of the Indian Penal Code.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the

Patna High Court CR. MISC. No.39214 of 2020(2) dt.01-06-2021 2/3 talks of settlement with his wife/opposite party no. 2, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party no. 2) shall be noticed and on her appearance, the court below shall explore all the possibilities of settlement between the spouses. In case, the settlement is arrived at, the court below shall fix the modality of the return of opposite party no. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party no. 2 deliberately choosing not to settle the dispute without

Patna High Court CR. MISC. No.39214 of 2020(2) dt.01-06-2021 3/3 any appropriate cause.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the court below.

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

(Ashutosh Kumar, J) sunilkumar/- U T