Shahabuddin Ahmad @ Sahabuddin Ahmad @ Md. Sahabuddin Ahmad @ Md. Shahabuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54083 of 2018 Arising Out of PS. Case No.-8 Year-2017 Thana- MAHILA PS District- Gopalganj ====================================================== Shahabuddin Ahmad @ Sahabuddin Ahmad @ Md. Sahabuddin Ahmad @ Md. Shahabuddin, Son of Mainuddin Shah alias Mainuddin Ahmad Shah, resident of Village- Bairam, Indrawan, Police Station - Gopalganj Town, District- Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Shabana Praveen, Daughter of Md. Ayub Anjum, Resident of VillageBalahan, Police Station- Barauli, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Gopalganj (Mahila) P.S. Case No. 08 of 2017 dated 04.02.2017 instituted for the offences under Sections 498A, 494, 420 and 34 of the Indian Penal Code.

The petitioner, for the purposes of grant of bail has stated through his counsel that he is ready to keep the complainant/opposite party no. 2 at his house as his legally wedded wife.

Learned counsel appearing for the opposite party no. 2/complainant is not aggreable for the same as

Patna High Court Cr.Misc. No.54083 of 2018(4) dt.19-12-2018 2/3 the petitioner has re-married and is having two children with the aforesaid marriage. It has also been submitted on behalf of opposite party no. 2/complainant that she was supposed to get Rs. 16,000/- from the petitioner as well as his parents but at present, she is only getting Rs. 6000/-.

Mr. Lokesh Kumar Singh, learned counsel for the petitioner however has submitted that the order directing the father of the petitioner to pay to complainant/opposite party no. 2 Rs. 10000/- per month has been stayed and the matter has been remanded to the court below for re-consideration.

In any view of the matter, the dispute between the petitioner and the complainant/opposite party no. 2 remains.

This court expressed an opinion that the dispute could be best resolved by mediation the learned counsel for the petitioner states that the petitioner does not wish to undergo any mediation proceeding. The prayer for anticipatory bail is therefore rejected.

The petitioner may surrender before the court below and seek bail. In case the petitioner at that stage also desires to go for mediation, the court below shall consider the same and pass necessary orders in

Patna High Court Cr.Misc. No.54083 of 2018(4) dt.19-12-2018 3/3 accordance with law.

(Ashutosh Kumar, J) krishna/- U T