Patna High CourtCR. MISC./7179/2017bail granted

Samim Kha@ Samim Khan v. State Of Bihar And ANR

2017-07-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7179 of 2017 Arising Out of PS.Case No. -1128 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Samim Kha @ Samim Khan, Son of Naiem Khan, resident of VillagePandey Bigha, P.S.- Narhat, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubana Khatoon, D/o Kyum Kha, resident of Biju Bigha, P.S. Menkor, District- Nawada.

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1128 of 2015, disclosing offences under Section 498A of the Indian Penal Code. The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of filing of complaint petition.

Earlier, the matter was sent to the Mediation Centre to resolve the disputes between the petitioner and the complainant, but despite the best efforts of the learned Mediator, the dispute, however, could not be resolved and the mediation failed.

Patna High Court Cr.Misc. No.7179 of 2017 (6) dt.13-07-2017 2/2 Considering the facts and circumstances of the case, this application is allowed.

Let the petitioner, Samim Kha @ Samim Khan, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Complaint Case No. 1128 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √