Md. Tipu Sultan @ Tipu Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57147 of 2022 Arising Out of PS. Case No.-294 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== MD. TIPU SULTAN @ TIPU SULTAN Son of Jahagir Ansari Resident of Village - Khptaha, P.S.- Jagdishpur, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Refat Jahan Wife of Md. Tipu Sultan D/o Nasir Hussain, Village - Khptaha, P.S.- Jagdishpur, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jagdishpur P.S. Case No. 294 of 2020 registered for the offence punishable under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code and 3, 4 of the Dowry Prohibition Act.

The marriage of the petitioner is stated to have been solemnized with the informant on 1.6.2020, as per Muslim rites and customs, whereafter the informant had gone to her matrimonial home, however, after sometimes, the accused persons including the petitioner herein started torturing the

Patna High Court CR. MISC. No.57147 of 2022(6) dt.22-05-2023 2/3 informant physically and mentally on account of non-fulfillment of the demand of a four wheeler vehicle by way of dowry and finally, they had ousted her from her matrimonial home. The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is ready and willing to keep his wife with due honour and dignity and is also willing to participate in any mediation proceedings to be initiated by the learned court below with a view to amicably settling the matrimonial dispute in question.

Per contra, the learned APP for the State has submitted that the best course would be to relegate the petitioner and his wife i.e. the informant to the mediation process so that the matrimonial dispute in question can be settled amicably. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of Additional Chief Judicial Magistrate 1st, Bhojpur at Ara, in connection with Jagdishpur P.S.Case No.

Patna High Court CR. MISC. No.57147 of 2022(6) dt.22-05-2023 3/3 the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the informant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes in between them amicably.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his anticipatory bail petition by the learned court below.

In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein. The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U T