Sheikh Imran @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48973 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- MAHILA P.S District- West Champaran ====================================================== Sheikh Imran @ Raju Son Of Sheikh Latif Resident Of Village - Mahadev Tola, Ward No.14, Near Stadium, P.S.- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rehana Khatoon W/o Sheikh Imran @ Raju , D/o Sheikh Jokhan Resident of Village - Sheikh Dhurwa, P.s.- Bettiah Muffasil (Manuapul), Distt.- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2023 Heard Mr. Umesh Chandra Verma, learned counsel appearing on behalf of the petitioner and Md. Anbzarul Haque Sahara, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Bettiah Sadar Mahila P.S. Case No. 05 of 2022 registered under Sections 498(A), 341, 323, 314, 316, 307/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It is informed by learned counsel for the parties that Mediation has failed. It is the desire of the Opposite Party No. 2 that to meet the day to day affairs petitioner is required to give her Rs. 5 lakhs. It is further submitted that learned counsel appearing on behalf of the Opposite Party No. 2 that she is

Patna High Court CR. MISC. No.48973 of 2022(3) dt.06-04-2023 2/3 ready to live along with the petitioner if petitioner is ready to lead a happy matrimonial life with the Opposite Party No. 2. Learned counsel further submitted that Opposite Party No. 2 has no objection if the petitioner keeps her with full dignity and honor.

4. Learned counsel for the petitioner informed this Court that in terms of the direction of Court below the petitioner without fail is maintaining Opposite Party No. 2. Learned counsel for the petitioner at this stage informed this Court that petitioner is ready to pay forthwith Rs. 2,50,000/- and some more time be granted to him to reconcile the strained matrimonial relationship.

5. Considering the willingness of the parties it would be proper in the interest of justice to enlarge the petitioner provisionally on pre-arrest bail.

6. Let the above named petitioner to be released on provisional bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Sadar Mahila P.S. Case No. 05 of 2022.

Patna High Court CR. MISC. No.48973 of 2022(3) dt.06-04-2023 3/3 The Court below is required to see the conduct of the either parties for a period of one year and should also strive to reconcile the matrimonial dispute between the husband and wife and if it is found that no complaint is made by the either parties during the aforesaid period, the provisional bail granted to the petitioner must be made absolute on such terms and conditions as the Court below deem it fit and proper and the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) minu/manish U T