Naushad Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63353 of 2022 Arising Out of PS. Case No.-1508 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Naushad Gaddi, Son of Bhulai Gaddi R/V- Bhogari, P.S- Majhauliya, DistWest Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabnam Khatoon Wife of Naushad Gaddi, D/o Ishrafil Gaddi R/VBhogari, P.S- Majhauliya, Distt- West Champaran. At present Shabnam Khatoon, D/o Ishrafil Gaddi, R/V- Bathana, P.S- Majhauliya, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Adya Singh, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-05-2023 Heard Mr. Ram Adya Singh, learned counsel appearing on behalf of the petitioner and Mr. Md. Ataur Rahman, learned A.P.P. for the State.
2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1508(c) of 2017, for the offence punishable under Sections 323, 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
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
Patna High Court CR. MISC. No.63353 of 2022(2) dt.16-05-2023 2/3 complainant and to that effect he has also made specific statement in para-8 of the bail application that he will keep her with full dignity and honour.
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. 1508(c) of 2017, pending in the Court of learned S.D.J.M., Bettiah, West Champaran.
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
Patna High Court CR. MISC. No.63353 of 2022(2) dt.16-05-2023 3/3 released on provisional bail till the report of the District Mediation Centre.
8. 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.
9. The bail application, accordingly, stands disposed of.
(Purnendu Singh, J) manish/- U T