Mazhar Alam @ Majhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60179 of 2023 Arising Out of PS. Case No.-2275 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MAZHAR ALAM @ MAJHAR ALAM S/O LATE MUSTAQUE R/O VILLAGE- GAIRIYA, PS. AMOUR , DIST. PURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

JUBBI BEGUM W/O MAZHAR ALAM, D/O ABDUL SALAM R/O VILLAGE- BANGRA, PS. AMOUR, DIST. PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State along with learned counsel appearing on behalf of the O.P. No. 2.

2. The learned counsels for the parties jointly submitted that the case was referred for mediation, but then the mediation proceeding failed.

3. The learned counsel for the petitioner submits that petitioner is still willing to keep the O.P. No. 2 with honour and dignity. It is further submitted that normal wear and tear of life has been portrayed as an offence. It is further submitted that petitioner has never given Talaque to the O.P. No. 2.

4. The learned counsel appearing on behalf of the O.P.

Patna High Court CR. MISC. No.60179 of 2023(4) dt.01-05-2024 2/2 No. 2 submits that O.P. No. 2 is not willing to restitute her conjugal rights as she has been divorced by the petitioner, on which the learned counsel appearing on behalf of the petitioner asserts and submits that petitioner has not given Talaque to the O.P. No. 2, but then submits that it appears that the O.P. No. 2 for some personal reason is not willing to come back to the petitioner and thus is taking a frivolous plea that she has been divorced, when the petitioner has not divorced.

5. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 2275 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T