Masidur Rahman @Masidur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57301 of 2019 Arising Out of PS. Case No.-838 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== MASIDUR RAHMAN @MASIDUR ALAM Son of Late Sirajul Haque Resident of Village- Gilhabari, P.S.- Jiyopokhar, District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mastara Bibi Wife of Masedur Rahman, Daughter of Abdul Rehman Resident of Village- Gilhabari, P.S.- Jiyapikhar, District- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 838 C of 2018 instituted for the offence punishable under Section 498A of the Indian Penal Code, pending in the court of S.D.J.M, Kishanganj. Allegation against the petitioner is that he solemnized second marriage and demanded dowry from the complainant and thereafter he ousted her from the house.

Submission of learned counsel for the petitioner is that he is still ready to keep the complainant with him with dignity and care, which he has stated in paragraph-8 of the petition.

Heard learned APP and perused the impugned order, from which it appears that learned court below has not taken

Patna High Court CR. MISC. No.57301 of 2019(2) dt.11-09-2019 2/2 any step for reconciliation between the parties though the case is under Section 498A IPC relating to matrimonial dispute between the parties.

In view of above facts and circumstances, this application is disposed of with direction to petitioner to surrender within two weeks from the receipt of this order and on surrender he shall be released on provisional bail for a period of six months by the court below itself and during that period learned court below shall issue notice to opposite party No.2 and on her appearance the court below will make effort for reconciliation between the parties either by court below itself or by sending the matter to the District Mediation Centre with a direction to take efforts for settlement of the dispute and submit a report to the court. The learned court below considering the same and also considering the conduct of the parties shall either confirm the bail bonds of the petitioner or pass any other order(s) as it may deem fit and proper.

(Vinod Kumar Sinha, J) spal/- U T