Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8483 of 2021 Arising Out of PS. Case No.-1878 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Md. Munna, aged about 24 years, male, Son of Serajul Sheikh, Resident of village - Jhumka, P.S. - Sikta, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nazra Khatoon, Wife of Md. Munna, D/o Nasim Alam, Resident of village - Garhwa Bazaar, P.S. - Majhaulia, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2021 Heard Mr. Umesh Chandra Verma, the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Trial No. 7307 of 2019 arising out of Complaint Case No. 1878-C of 2018 in which cognizance has been taken against him under Sections 498(A), 323, 504 and 34 of the Indian Penal Code.

At the outset, the counsel for the petitioner has submitted that a divorce application between the spouses is pending. However, the petitioner is ready for any settlement

Patna High Court CR. MISC. No.8483 of 2021(2) dt.17-12-2021 2/2 with his wife/complainant/opposite party No. 2 except for resumption of matrimonial life, if that is agreeable to her. This Court, therefore, deems it appropriate to direct that if the petitioner surrenders before the Court below and seeks bail within a period of four weeks from today, he shall be released on provisional bail. Simultaneously, his wife (complainant/opposite party No. 2) shall be noticed and on her appearance, the Court below shall provide opportunity to the spouses to settle their differences. In case, the settlement is arrived at, which would be in the nature of one time settlement of all matrimonial dues of the complainant/opposite party No. 2 by mutual consent, the provisional bail granted to the petitioner shall be confirmed and if not, the law will take its own course.

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

(Ashutosh Kumar, J) Praveen-II/- U T