Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64869 of 2019 Arising Out of PS. Case No.-789 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== MD. SADDAM Son of Md. Teni @ Dramawala Resident of Mohalla - Sufinagar, Thawai, P.S.- Bihar, District- Nalanda ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sahni Khatoon Wife of Md. Saddam and D/O - Late Hansu Resident of Mohalla - Katra Nadiper, P.O.- Bihar Sharif, P.S.- Bihar, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No.789C of 2018 registered for the offence punishable under Sections 498A/34 of the IPC. As per FIR, the petitioner is said to be husband of the complainant and he is demanding dowry for which instituted the same. The complainant was subjected to torture submission of learned counsel for petitioner is that is still ready to keep her with full dignity.

Submission of learned counsel for the petitioners is that the allegations are false and concocted. Heard learned APP and perused the impugned order it appears that the learned lower court in spite of the fact that it is

Patna High Court CR. MISC. No.64869 of 2019(2) dt.17-10-2019 2/2 marital dispute between the parties and no effort for reconciliation has been made between the parties. Considering the same, this application is disposed of with a direction to petitioner to surrender within a period of three weeks from the receipt of the order and on surrender he will be released on provisional bail for a period of six months during that period learned lower court shall issue notice to the complainant and on her appearance refer the matter for mediation before the district mediation center. Thereafter, on considering the report as well as conduct of both the parties he will pass an appropriate either confirming the provisional bail of the petitioner or and any other order or orders which may be deemed fit and proper. It is also made that despite of notice if opposite party no.2 nor appear before the court below or ready to co-operate in mediation, the court below shall confirm the provisional bail granted to the petitioner.

(Vinod Kumar Sinha, J) Prakash Narayan /- U T