Seh Riyaz @ Seh Reyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43679 of 2022 Arising Out of PS. Case No.-1511 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== SEH RIYAZ @ SEH REYAZ SON OF WASIQUE R/O VILLAGECHAKAI, P.S.- JOKIHAT, DISTRICT- ARARIA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

BIBI GULJAHAN WIFE OF SHE RIYAZ R/O VILLAGE- CHAKAI, P.S.- JOKIHAT, DISTRICT- ARARIA AT PRESENT- D/O MD. MOHSIN, RESIDENT OF VILLAGE- BHUNA MAJGAWA, WARD NO.-3, P.S.- MAHALGAON, DISTRICT- ARARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State. The petitioner seeks bail in connection with Complaint Case No. 115 C of 2021 registered for the offences punishable under Sections 498(A), 504 of the Indian Penal Code.

The petitioner is husband of Opposite Party No. 2 and both parties are ready to settle the dispute. Without going into the merits of the matter, let the petitioner above named be released on provisional bail for a

Patna High Court CR. MISC. No.43679 of 2022(2) dt.23-11-2022 2/3 period of six months on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Navin Kumar, Judicial Magistrate, 1st class, Araria in connection with Complaint Case No. 115 C of 2021.

The court below is directed to make suitable effort for the purpose of conciliation between the parties. The petitioner and the Opposite Party No. 2 would have the opportunity to work out an amicable resolution of the issue.

If an amicable resolution is worked out within six months, petitioner would be entitled to confirmation of his provisional bail.

If the petitioner co-operates in the process of mediation or conciliation then the provisional bail of the petitioner shall be confirmed by the concerned court itself. If the attitude of complainant/opposite party no.2 is not found positive in that situation the provisional bail of the petitioner shall be confirmed by learned trial court itself. If, on the other hand, the issue is not resolved between the parties, the Court below, needless to say, would be well within its jurisdiction to exercise its judicial discretion and

Patna High Court CR. MISC. No.43679 of 2022(2) dt.23-11-2022 3/3 pass appropriate orders, which may include cancellation of the petitioner's provisional bail.

This application stands disposed of in the aforesaid terms.

(Alok Kumar Pandey, J) vashudha/- U T