Md.Saheb @ Saheb Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10445 of 2021 Arising Out of PS. Case No.-719 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== MD.SAHEB @ SAHEB MIAN, Son of Anish Mian Resident of VillageParas Padaki, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aashma Khatoon W/o Saheb Mian @ Md. Saheb, D/o Nejamul Mian At present residing in Village- Rampurwa, P.S.- Mainatand, District- West Champaran.

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-02-2022 Heard Mr. Akhileshwar Kumar Srivastava, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned APP for the State.

The petitioner, who is the husband of Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 719-C/18/SC No. 1414 of 2019, in which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961.

At the outset, learned counsel for the petitioner has submitted that notwithstanding the differences with his

Patna High Court CR. MISC. No.10445 of 2021(2) dt.21-02-2022 2/3 spouse, he is ready to enter into negotiations with her and is also desirous of restoring his matrimonial life with her, provided she agrees for the same.

In that view of the matter, this Court disposes of this bail petition with a direction that in case the petitioner surrenders before the court below within a period of eight weeks from today and expresses his willingness to bring back the complainant / Opposite Party No. 2 to her matrimonial home, he shall be released on provisional bail. The Opposite Party No. 2 shall be noticed and on her appearance, the court below shall explore the possibility of settlement of the matrimonial dispute.

If the Opposite Party No. 2 is willing to go with the petitioner to join the matrimonial fold, the provisional bail of the petitioner shall be confirmed. If for no apparent / plausible reason, Opposite Party No. 2 refuses to join the matrimonial fold, that should also be taken into account by the Court while passing an order of confirmation of provisional bail.

With the aforesaid observation / direction, this

Patna High Court CR. MISC. No.10445 of 2021(2) dt.21-02-2022 3/3 petition stands disposed off.

(Ashutosh Kumar, J) skm/- U T