Md. Izaz @ Md. Azaj @ Azaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83733 of 2024 Arising Out of PS. Case No.-420 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Md. Izaz @ Md. Azaj @ Azaj son of Md. Ammanullah village- Jagta Kharshai, Ps- Raniganj, dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sultana Parveen Wife of Md. Izaz Village- Lodi Katra, Amin Colony, PsKhajekalan, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned counsel for the OP.No.2 learned counsel for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 498A of the Indian Penal Code.

3. The case is one under section 498A and the petitioner is husband. The matter had earlier been sent to Patna High Court, Mediation Center, where the matter had been settled and it was agreed that the petitioner and the OP.No.2 would stay together as husband and wife and lead a peaceful conjugal life, unfortunately, the same could not happen.

4. Today, both the parties are appearing in the court and

Patna High Court CR. MISC. No.83733 of 2024(7) dt.10-07-2025 2/3 they have once again reached an understanding that all the three children born out of the wedlock would stay with the petitioner, who is their father and would take care of all their expenses including educational expenses. It has been submitted on behalf of the petitioner that two children are already staying with him and third child would be taken by the petitioner from the court premises itself. In addition to the same the petitioner would return Dan Mehar to the OP.No.2 and once both the things are done, the petitioner would surrender before the court below within a period of six weeks.

5. In such view of the matter, I am inclined to grant privilege of anticipatory bail to the petitioner and the bail bonds would be accepted by the learned court concerned only upon verification of the facts as to whether the three children are with the petitioner and the Dan Mehar which is Rs 75,000/- has been paid to the OP.No.2. Let in the event of his arrest/ surrender within a period of six weeks from today, the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Complaint Case No. 420 of 2023 , subject to condition as laid down under section 438(2) of the

Patna High Court CR. MISC. No.83733 of 2024(7) dt.10-07-2025 3/3 Cr.PC .

6. However, it is expected that since the parties are in a way for resolving all their issues, the OP.No.2 would also take steps to withdraw the present case filed by her.

7. Accordingly, the application stands disposed of. (Soni Shrivastava, J) N.K/- U T