Md. Arif @ Arif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61410 of 2019 Arising Out of PS. Case No.-1074 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== MD. ARIF @ ARIF Son of Habib Resident of Village-Koshakipur, P.S-Araria, District-Araria.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Bibi Rounak D/o Md. Naushad, Wife of Md. Arif Resident of VillageKoshakipur, P.S.-Araria, District-Araria. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh Adv.
For the Opposite Party/s :
Mr.Kanhaiya Kishore (App) For the Informant :
Mr. Naushad Uzzoha Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-07-2020 The matter has been listed today for consideration through Video Conferencing.
Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard learned counsel for the petitioners, complainant and the learned APP for State.
Petitioner apprehends arrest in connection with complaint case no. 1074C of 2017 instituted for the offence under Section(s) 498A of the Indian Penal Code. The matter has been listed today for consideration
Patna High Court CR. MISC. No.61410 of 2019(7) dt.09-07-2020 2/3 through Video Conferencing.
Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard the parties.
Petitioner apprehends arrest in connection with Complaint case no. 1074C of 2017 instituted for the offence under Section 498A of the IPC and Section..
Petitioner's counsel submits that he is ready for one time settlement in the event he is allowed pre- arrest bail. Learned counsel for the opposite party no.2/complainant does not controvert the aforesaid fact. It is further submitted that the petitioner be put to strict terms.
Considering the submissions of the parties, this court would direct that the petitioner should surrender before the court below i.e. SDJM, Araria, within a period of four (04) weeks from today in connection with Complaint Case No. 1074C of 2017. The Court below, upon such surrender, shall release the petitioner on provisional bail for a period of three (03) months to its own satisfaction.
The parties would have three (03) months to work out one
Patna High Court CR. MISC. No.61410 of 2019(7) dt.09-07-2020 3/3 time settlement as suggested by the petitioner's counsel for resolving the issue. In case such one time settlement or solution is not agreed to by the parties, the Court below shall re-consider the matter and pass appropriate orders in exercise of its judicial discretion, which may also include cancellation of the provisional bail.
The anticipatory bail application stand disposed off in the aforesaid terms.
(Madhuresh Prasad, J) shyambihari/- U