Md. Jahangir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73485 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD. JAHANGIR Son of Md. Mustafa Resident of Village-Chhorhi, P.S.- Babubarhi, District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rafat Aara Tarannum @ Kousar Khatoon Wife of Md. Jahangir, Daughter of Muftkhaar Ahmad At Present Resident of Village-Pali Mohan, P.S-Khajauli, District-Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with C.R.Case No.220 of 2019 corresponding to T.R.No.2952 of 2019 registered for offences punishable under Sections 498(A) and 34 of the Indian Penal Code.

As per FIR, petitioner happens to be husband of the complainant. There is allegation of demand and torture and also tried to kill her.

Submission of the learned counsel for the petitioner is that the marriage was solemnized in the yer, 2005 and later on he has divorced his wife in the year, 2019 in the presence of the witnesses and the Mehar was also given and she has also taken

Patna High Court CR. MISC. No.73485 of 2019(2) dt.21-11-2019 2/2 away the articles, which will appear from annexure 2. Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is no seal and signature either of the Gram Panchayat or Gram Katchahari over Annexure-2. Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below and on that he will be released on provisional bail in connection with C.R.Case No.220 of 2019 corresponding to T.R.No.2952 of 2019. In the meantime, he will issue notice to the complainant and once the complainant appears, he will send the matter for mediation and also watch conduct of both the parties and once the mediation report is received , considering the mediation report as well as hearing the O.P.no.2 he will either confirm the bail bond of the petitioner or pass any other order or orders, which may be deemed fit and proper including canceling the bail bond of the petitioner.

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