Patna High CourtCR. MISC./72371/2022disposed

Md. Matin v. The State Of Bihar

2023-05-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72371 of 2022 Arising Out of PS. Case No.-1037 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. MATIN Son of Md. Kashim Resident of Village- Pakariya, Ward No.-16, P.S.- Kasba, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar 2.

Bibi Nazbin Resident of Village- Pakariya, P.S.- Kasba, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate For the informant :

Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1037 of 2022, for the offence punishable under Section 498(A) of the Indian Penal Code.

3. The present case relates to matrimonial dispute between the petitioner and the complainant, who are husband and wife.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is ready to live with the complainant and to that effect he has also made specific statement in para-11 of the bail application that he will keep her with full dignity and honour.

Patna High Court CR. MISC. No.72371 of 2022(3) dt.17-05-2023 2/3

5. Considering the fact that the parties are having strained matrimonial relationship, the petitioner is now ready to keep the complainant with full dignity and honour and he will also ensure her physical desire as well as financial needs, the petitioner and the complainant are directed to appear before the learned court below by filing a joint affidavit to the effect that they are living together. The aforesaid affidavit is required to be filed within a period of six weeks, till then no coercive step shall be taken against the petitioner in connection with Complaint Case No. 1037 of 2022, pending in the Court of learned J.M. 1st Class, Purnea.

6. If such joint affidavit is filed, the petitioner, above named, is directed to be released on pre-arrest bail provisionally on such terms and conditions as the learned Court below deems it fit and proper.

7. In case the parties disagree to live together, the Court below will strive to reconcile the matrimonial dispute between the parties by referring the matter before the District Mediation Centre till then the petitioner is directed to be released on provisional bail till the report of the District Mediation Centre reported to the concerned Court. After report is submitted and parties reconcile or agrees to live separately

Patna High Court CR. MISC. No.72371 of 2022(3) dt.17-05-2023 3/3 one the basis of terms and conditions of the agreement the learned Court below is directed to observe the conduct of the petitioner for a period of one year and if no complaint is made by the complainant, the provisional bail granted to the petitioner shall be confirmed subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The bail application, accordingly, stands disposed of.

(Purnendu Singh, J) manish/- U T