Md. Kalam @ Md. Kalam Ansari @ Sabir @ Sabir Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18828 of 2015 Arising Out of PS.Case No. -56 Year- 2013 Thana -COMPLAINT CASE DistrictSUPAUL =====================================

1. Md. Kalam @ Md. Kalam Ansari @ Sabir @ Sabir Ansari, Son of Md. Jameel Ansari, Resident of Village Tedha More Sukhasan, P.S. Pratapganj, District-Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kausar Khatoon, Wife of Md. Kalam @ Sabir Ansari, Resident of Village Balha, P.S. & District-Supaul. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Verma, Adv. For the Opposite Party/s : Mr. Amrendra Pd.(App) For the O.P. No.2 : Mr. Nafisuzzoha, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No.56C of 2013, disclosing offences under Sections 498(A), 120(B), 307, 323, 504 and 507 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

By an order, dated 04.05.2016, the matter was

Patna High Court Cr.Misc. No.18828 of 2015 (8) dt.13-07-2016 2/3 referred to Patna High Court Mediation and Conciliation Centre in order to explore the possibility of resolution of matrimonial dispute between the petitioner and opposite party No.2 through negotiated settlement.

Learned counsels, appearing on behalf of the parties, have submitted that neither the petitioner nor opposite party No.2 presented themselves before the learned Mediator.

From the allegations, made in the complaint petition and other materials available on the record, it is evident that matrimonial discord is the reason behind lodging of the complaint petition.

Considering the nature of allegation, this application is allowed. Let the petitioner, above named, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Complaint Case No.56C of 2013, 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 police/Court, as

Patna High Court Cr.Misc. No.18828 of 2015 (8) dt.13-07-2016 3/3 the case may be, 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) Praveen-II/- U T