Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3880 of 2021 Arising Out of PS. Case No.-983 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SADRE ALAM, S/O SHEIKH MOTIULLAH Resident of VillageKathmaliya, P.O. Sirona, P.S.- Shikarganj, Distt- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHAMA KHATOON, W/o Sadre Alam, D/o Shekh Abbas Resident of Village- Koreiya, P.S.- Turkauliya, Distt- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-07-2021 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Ajit Kumar, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Trial No. 1104 of 2019, arising out of Complaint Case No. C-983/2019, in which cognizance has been taken under Sections 498A and 34 of the Indian Penal Code.

The petitioner is the husband of complainant / Opposite Party No. 2 and is ready for settlement of matrimonial dispute, provided she is aggreable for the

Patna High Court CR. MISC. No.3880 of 2021(2) dt.30-07-2021 2/3 same.

Notwithstanding the differences with his spouse, the petitioner is even today ready for negotiations with his wife / Opposite Party No. 2 for settlement of matrimonial dispute and return of his wife to her matrimonial home and if the aforesaid proposal of the petitioner is not acceptable to her, he shall also not be averse to entering into negotiations for a one time settlement.

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, viz., Shama Khatoon shall be noticed and on her appearance, the court below shall explore the possibilities of settlement between the spouses by facilitating bilateral negotiations. The Court would be expected to act as a mediator and in case it is

Patna High Court CR. MISC. No.3880 of 2021(2) dt.30-07-2021 3/3 found that there is every likelihood of the dispute being settled or in the event of the dispute being settled, the provisional anticipatory bail of the petitioner shall be confirmed.

If for some reason, which would not be attributable to the stand of the petitioner, the talks of settlement fails and it is found that it is because of the intransigence of Opposite Party No. 2, that fact also shall be taken into account while passing an order confirming the provisional anticipatory bail of the petitioner.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U T